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Showing posts from August, 2022

Court plainly erred in not giving Sheffield instruction—before Sheffield was published

  State v. Ishimine (HSC August 4, 2022) Background. Lorrin Ishimine was charged with kidnapping in violation of HRS § 707-720(d)(1), two counts of felony abuse, and one count of misdemeanor abuse. The prosecution dropped all abuse counts before trial. He was tried with a single count of kidnapping.   At trial, Officer Victor Santana testified he was off duty taking a nap at his house when he heard a vehicle speeding down the street. He looked out the window and saw the vehicle pull into a two-story house across the street. He saw a man get out of the vehicle yelling and trying to get someone out of the vehicle. Officer Santana got dressed and went back to the window. This time he saw the man grabbing a woman from behind and dragging her up the stairs into the house. The woman was screaming, kicking her feet, and trying to get away. It lasted about a minute. Officer Santana called the police.   Officer Keola Wilhelm testified that he responded to the call and went to the hou

If You Can’t Pay the CVC Fee at Sentencing, the Court Can’t Impose it

  State v. Yamashita (HSC August 5, 2022) Background. Joshua Yamashita was on probation when he was prosecuted in seven separate offenses. He pleaded no contest and was sentenced to a total of twenty-six counts including unauthorized control of a propelled vehicle to theft, criminal property damage, and drug offenses. The circuit court—the Hon. Judge Rhonda Loo presiding—sentenced Yamashita to five years imprisonment and ordered $1,810 in fines, $8,767.20 in restitution, the Crime Victim Compensation fee totaling $2,075, the Internet Crimes Against Children fee totaling $2,500, and the $100 Drug Demand Reduction assessment.   Yamashita challenged the last three court fees and filed a motion to reconsider the sentence. The circuit court held an evidentiary hearing. At the hearing Yamashita testified that he was 29 years old and had a GED. He lived at the Halawa Correctional Facility and made $0.25 an hour as a plumber working 35 hours a week thereby averaging $15-$20 a month. He