State v. Nunes

OPINION OF THE COURT BY

LUM, C.J.

Appellant Christopher L. Nunes (Nunes) appeals his conviction for the offense of Abuse of Family and Household Members in violation of Hawaii Revised Statutes (HRS) § 709-906. Nunes was sentenced to imprisonment for 30 days. Nunes maintains that the court abused its sentencing discretion by following guidelines promulgated by the Family Court. He further complains that he was unconstitutionally punished for an act for which he was not responsible.

For reasons set forth below, we vacate the sentence imposed and remand this case for resentencing.

I

Nunes was charged…