State v. Heggland

Concurring opinion by

ACOBA, J.

I concur in the result but additionally believe that the Intermediate Court of Appeals (ICA) did gravely err (1) in applying the holding of State v. Sinagoga, 81 Hawai'i 421, 918 P.2d 228 (App.1996), to this case because Petitioner/Defendant-Appellee Gregory Heggland (Petitioner) challenged the validity of his alleged prior conviction, State v. Heggland, 116 Hawai'i 376, 382, 173 P.3d 523, 529 (App.2007), and Sinagoga has been limited to uncounseled conviction or identity challenges, see State v. Veikoso, 102 Hawai'i 219, 227 n. 8, 74 P.3d 575, 583 n. 8 (2003);…