State v. Handa

We are presented with a Motion to Set Bail brought by Defendant-Appellant Clarence Handa seeking to overturn the order of the circuit court denying his Motion for Stay of Execution Pending Appeal. The motion requires us to address the constitutionality of that portion of HRS § 804-4 (Supp. 1982) which denies bail to convicted felons sentenced to imprisonment. 1

On September 27,1982 Appellant Handa was found guilty of two felony counts of Attempted Theft in the First Degree and one misdemeanor count of Attempted Theft in the Second Degree. He was sentenced to five years probation on the felony…