State v. Spencer

OPINION OF THE COURT BY

LUM, C.J.

This appeal concerns the issue of whether a felon who violates Hawaii Revised Statutes (HRS) § 134-7(b) (Supp. 1984) commits a class B or a class C felony for the purpose of sentencing. Defendant-Appellant David Kapioho Spencer, Jr., a convicted felon, pled guilty to possession of a firearm in violation of HRS § 134-7(b). The trial court sentenced Spencer to a 10-year prison term, the maximum term for a class B felony.

HRS § 134-7(f) (Supp. 1984) states that a felon who violates § 134-7(b) is guilty of a class B felony. The maximum prison term for a class B…