State v. Kai

Opinion of the Court by

FOLEY, J.

Defendant-Appellant Laurette K. Kai (Kai) appeals from the Order Granting Motion for a Free Standing Order of Restitution 1 (Restitution Order) filed in the Circuit Court of the Second Circuit on May 4, 2000. 2 On appeal, Kai contends that (1) no authority existed under the Hawai'i Penal Code (Penal Code) for the circuit court to enter the Restitution Order, (2) the Restitution Order im-permissibly extended Kai’s term of probation, and (3) the Restitution Order violated Kai’s right against double jeopardy. We hold that the circuit court had no authority to…