State v. Viloria

OPINION OF THE COURT BY

LUM, C.J.

Defendant Herbert Viloria appeals from the lower court’s June 30, 1987 revocation of probation and resentencing to imprisonment on the ground that the lower court lacked jurisdiction. Relying upon State v. Kala, 6 Haw. App. 253, 718 P.2d 1117 (1986), Defendant argues that once probation is revoked, a new term of probation may not be imposed. As discussed below, we disagree with the rationale of Kala and therefore we decline to adopt it. We find that the lower court had jurisdiction to impose a sentence of imprisonment on June 30, 1987, and therefore, affirm…