Excessive Speeding Statute's Sentencing Provision Leaves Nothing to Discretion of Sentencing Courts.

By Benjamin Lowenthal -

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Discretionary Authority to Suspend License Superseded by Specific Excessive Speeding Statute.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 prompt suspension of license and privilege to operate a vehicle during the suspension period[.]" HRS § 291C-105(c)(1)(B). However, "any court of competent jurisdiction may, in its discretion, revoke or suspend the license of any driver . . . convicted of a violation of this part or of any traffic law or regulation of the State or any political subdivision thereof involving a vehicle in motion." HRS § 286-125. The ICA agreed with Nakamura and held that the district court could not suspend Nakamura's license beyond the period provided by the excessive speeding statute.

The ICA pointed out that a person violating the excessive speeding statute "shall be sentenced" in the manner provided by HRS § 291C-105. HRS § 286-125, on the other hand, affords sentencing courts the discretion to suspend a license for offenses involving motor vehicles. The discretion afforded by HRS § 286-125 cannot, according to the ICA, empower the sentencing court set a suspension period in addition to mandatory sentencing suspension under HRS § 291C-105. Put differently, the excessive speeding statute carried with it mandatory sentencing impositions which deprived the sentencing court of the ability to modify the suspended license provision.

Agreed-upon Sentences Still must be Corrected. Nakamura agreed to the six-month sentence even though he later argued to the district court that his sentence was unlawful. The ICA noted that Nakamura's agreement did not waive his ability to later challenge the legality of his sentence. "[A] sentence which does not conform to statutory sentencing provisions, either in character or the extent of the punishment imposed, is void." State v. Sequeria, 93 Hawai'i 34, 36, 995 P.2d 335, 337 (App. 2007); see also State v. March, 94 Hawai'i 250, 254, 11 P.3d 1094, 1098 (2000) ("Although the sentencing court is given broad discretion in sentencing defendants, the sentence imposed must be authorized by statute.").

Comments

Post a Comment

Popular posts from this blog

Judge accidentally strikes the entire expert opinion in a murder trial

By Benjamin Lowenthal -
  State v. Sylva (HSC December 29, 2023) Background. Kumulipo Sylva was indicted for murder in the second degree after he was arrested for killing Eduardo Cerezo in the bathroom of the Queen Kaahumanu Shopping Center. Sylva raised the insanity defense and three examiners were appointed to determine penal responsibility. All three concluded that Sylva suffered from a physical or mental disease, disorder, or defect. Two out of the three believed he lacked capacity under the insanity defense was not criminally responsible.   At trial, the prosecution presented evidence that Cerezo and Kyle Keoho got on the bus in Pukalani when they saw Sylva on the bus. Cerezo called Sylva a “pussy” and threatened to beat him up. When the bus got to the shopping center, the three of them got off and Sylva challenged Cerezo to a fight. Cerezo said he did not want to fight and Sylva walked away from them.   Cerezo and Keoho went to the bathroom together. Sylva also went into the bath...
Read more

If you're going to set bail, it has to be reasonable and can't be excessive so $3.3 million won't work

By Benjamin Lowenthal -
  State v. Carter (ICA March 6, 2024) Background. Samuel Carter was indicted for attempted murder in the second degree and firearms offenses. He was held in jail without bail. About four months later, Carter filed a motion for supervised release or, in the alternative, a motion to set bail. Carter argued that there had been no findings supporting the decision to hold him without bail. The prosecution opposed and attached a letter to the Circuit Court noting that there had been no bail report because of the no-bail determination. According to the pretrial services intake center, it would not assess Carter’s eligibility for supervised release unless and until the court sets bail first.   At the hearing on the motion, Carter asked that bail be set at $100,000. The prosecution objected and argued that there was a rebuttable presumption of detention, Carter posed a danger to the community, and there was a flight risk. The prosecution did maintain that even though he could be...
Read more

HSC doesn’t wait for Rule 40 to find defense counsel ineffective for failing to file a motion to suppress

By Benjamin Lowenthal -
  State v. Yuen (HSC August 20, 2024) Background. Charles Tung Ming Yuen was charged with driving under the influence of an intoxicant. The charge arose from a motor vehicle collision that occurred approximately fifty feet from the O’Malley Gate just outside of the Joint Base Pearl Harbor-Hickam in Honolulu. Two vehicles were approaching the gate when one of the vehicle rear-ended the one in front of it. Military police came onto the scene and identified Yuen as the driver of the vehicle that cause the collision. They seized him and subjected him to standardized field sobriety tests. Then they held him and called the Honolulu Police Department to report a “possible DUI outside the gate.”   The collision, seizure of Yuen, and their investigation occurred outside of the base within the City and County of Honolulu. The police showed up and took over. They conducted their investigation, saw signs of intoxication, and arrested Yuen.   Yuen’s lawyer, Barry Sooalo, di...
Read more