Legal Opinion

State v. Hussein.

Hawaii Supreme Court

Decided April 21, 2010No. 28617PublishedCited by 21 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that (1) imposing a prison sentence consecutively to “any sentence” of a prior conviction pursuant to Hawaii Revised Statutes (HRS) § 706-606.5(5) (Supp.2006),1 *498including the lesser of such sentences, is a novel, but accurate, view of the statute; (2) henceforth, the circuit court must state its reasons for imposing a consecutive as opposed to a concurrent sentence under HRS § 706-668.5 (Supp.2008)2 or HRS § 706-606.5; (3) the requirement that reasons be given in imposing consecutive sentences is closely connected to a probable Hawaii Rules of Penal…

2Cases cited87 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  5. Oregon v. IceSupreme Court of the United States · 2009

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3Cited by21 opinions

  1. State v. Schnabel.Hawaii Supreme Court · 2012
  2. County of Hawaii v. UNIDEV, LLC.Hawaii Supreme Court · 2013
  3. State v. Mundon.Hawaii Supreme Court · 2012
  4. State v. DurhamHawaii Supreme Court · 2011
  5. Jaylo v. JayloHawaii Supreme Court · 2011

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