State v. Tafoya

Opinion of the Court by

NAKAYAMA, J.

Defendant-appellant Elmo Joe Tafoya, Jr. appeals his conviction and sentence of one count of assault in the second degree. On appeal, Tafoya asserts that (1) he was denied the effective assistance of counsel at his trial and (2) there was insufficient evidence presented at his sentencing hearing to warrant the imposition of an extended term of imprisonment pursuant to Hawai'i Revised Statutes (HRS) § 706-662(5) (Supp.1998). We affirm Tafoya’s conviction. However, we agree that the extended term of imprisonment was improperly imposed. Therefore, we reverse…