State v. Savitz

Opinion of the Court by

RAMIL, J.

Defendant-appellant Richard Savitz appeals the sentencing court’s denial of his request for probation with respect to his conviction of promoting a dangerous drug in the first degree, in violation of Hawaii Revised Statutes (HRS) § 712—1241(1)(a)(i) (Supp.1999). On appeal, Savitz contends that because drag use is not a prerequisite for probation under HRS § 706-659 (Supp.1999), the sentencing court abused its discretion when it denied his request for probation based solely on the fact that he was not a drug user. We hold that HRS § 706-659 does not require…