Excessive Speeding Statute's Sentencing Provision Leaves Nothing to Discretion of Sentencing Courts.
State v. Nakamura (ICA June 29, 2009) Background. Nakamura pleaded guilty to a single count of excessive speeding (HRS § 291C-105). Nakamura agreed to, pursuant to the district court's "suggestion," a six-month license suspension among other things like a fine and community service. The district court sentenced him pursuant to the suggested agreement. Nakamura later filed a motion to correct his illegal sentence on the grounds that the suspension period was improper. Nakamura maintained that the suspension period should have been 30 days. The motion was granted in part. The district court imposed a 30-day suspension running concurrently with the original six-month suspension. Nakamura appealed. Discretionary Authority to Suspend License Superseded by Specific Excessive Speeding Statute. Nakamura pleaded guilty to excessive speeding. A person violating the excessive speeding statute for the first time "shall be sentenced as follows . . . [t]hirty-day