State v. Casugay-Badiang.

Dissenting Opinion by

RECKTENWALD, C.J.,

in which NAKAYAMA, J., joins.

I respectfully dissent. The statute governing Methamphetamine Trafficking in the Second Degree provides that a defendant “shall be sentenced” pursuant to that statute, “[n]otwithstanding ... any other law to the contrary[.]” Hawai'i Revised Statutes (HRS) § 712-1240.8 (Supp.2006). In my view, this language reflects the legislature’s clear intent that a defendant convicted of Methamphetamine Trafficking in the Second Degree be sentenced pursuant to HRS § 712-1240.8, to the exclusion of all other sentencing schemes, including…