State v. Rodrigues

OPINION OF THE COURT BY

NAKAMURA. J

Wade Timothy Rodrigues was adjudged guilty of Burglary in the First Degree and sentenced to a mandatory minimum period of imprisonment of ten years as a repeat offender within the purview of Hawaii Revised Statutes (HRS) § 706-606.5 (Supp. 1984). 1 Relying in part on State v. Tavares, 63 Haw. 509, 630 P.2d 633 (1981), he asserts the trial judge should have imposed a mandatory minimum term, of five rather than ten years. We conclude Tavares is not controlling, in the situation before us and the imposition of a mandatory minimum term of ten years was not error.…