State v. Kido

OPINION OF THE COURT BY

BURNS, C.J.

The State appeals the trial court’s decision setting aside its sentence of defendant Mitchell Haruo Kido (Kido) to an indeterminate term of imprisonment of twenty years and instead placing him on probation for five years.

Kido cross-appeals the trial court’s decision that Hawaii Revised Statutes (HRS) § 706-659 (1976, as amended) is not unconstitutional per se.

We hold that the trial court erred in setting aside its sentence of Kido and that Kido’s cross-appeal is untimely.

On November 18, 1980, Kido was indicted for the following offenses:

Counts I and II:…