State v. Kamana'o

Dissenting Opinion by

LEVINSON, J.

I disagree with the majority’s conclusion that the circuit court correctly ordered the defendant-appellant-petitioner Andrew Kamana'o to serve the indeterminate maximum terms of his first degree rape and sodomy sentences consecutively, because, in my view, Hawai'i Revised Statutes (HRS) § 706-668(1) (1976) (repealed 1986) required that the terms be served concurrently. See majority opinion at 211, 216-223, 188 P.3d at 725, 730-37. In interpreting the statute, this court’s “ ‘foremost obligation is to ascertain and give effect to the intention of the…