State v. Kong.

OPINION OF THE COURT BY

McKENNA, J.

I. Introduction

In this ease, the Circuit Court of the Second Circuit 1 (“circuit court”) sentenced Stanley S.L. Kong to consecutive terms of imprisonment, due to his “extensive criminality,” based on a Presentence Investigation Report (“PSI”) that erroneously included two prior convictions. These prior convictions had been previously vacated, remanded, and ultimately dismissed, but Kong’s counsel did not bring this to the circuit court’s attention. When Kong directly appealed his sentence, this court affirmed the circuit court. State v. Kong, 131 Hawai'i 94,…