State v. Maugaotega

Concurring and Dissenting Opinion by

ACOBA, J.,

with whom DUFFY, J., Joins.

I concur in the vacation of the sentences and judgments entered by the Circuit Court of the First Circuit (the court) on May 17, 2004 and May 18, 2004 against Defendants Appellant Miti Maugaotega, Jr. (Appellant). My concurrence is based upon (1) the February 20, 2007 mandate of the United States Supreme Court, Maugaotega v. Hawaii, — U.S. -, 127 S.Ct. 1210, 167 L.Ed.2d 37 (2007) [hereinafter Maugaotega v. Hawaii ], (in response to the October 27, 2005 petition for writ of certiorari filed with the Court by Appellant)…