State v. Auld.

Opinion of the Court by

McKENNA, J.

I. Introduction

The primary 1 questions presented in this case are whether the State, in seeking to sentence a defendant to a mandatory minimum sentence as a repeat offender under Hawai'i Revised Statutes (“HRS”) § 706-606.5 (2014) 2 , (1) must include the defen dant’s predicate prior convictions in a charging instrument; and (2) must prove these prior convictions to a jury, beyond a reasonable doubt. We answer both questions in the affirmative.

This appeal surfaces in the wake of the sea change in state sentencing procedure brought on by the United States…