State v. Pacariem

After a trial by jury, Jerry Cabie Pacariem was convicted of Attempted Murder and Reckless Endangering, and was sentenced as a young adult defendant under Hawaii Revised Statutes (H.R.S.) § 706-667. 1 The State appeals from the sentence, arguing that the court had no authority to sentence under that statute, but should have sentenced under H.R.S. § 706-606.1, 2 the Mandatory Attempted Murder Sentencing Act. The issue is whether the subsequently enacted Mandatory Attempted Murder Sentencing Act repealed by implication the application of H.R.S. § 706-667 to the offense of attempted murder.

Gary…