Consecutive Mandatory Minimums Allow (or Require?) Consecutive Indeterminate Maximums.
State v. Kamana'o (HSC July 23, 2008) Background. In 1983, a jury convicted Kamana'o of three class A felonies: two counts of sex assault in the first degree (HRS § 707-730) and one count of sodomy in the first degree (HRS § 707-733). Kamana'o was sentenced to the maximum of twenty years per count, but the sentence was vacated. The sentence, however, was vacated on Fifth Amendment grounds. At resentencing, the circuit court granted the State's motion for extended sentencing. The United States District Court, however, vacated that sentence based on Apprendi v. New Jersey , 530 U.S. 466 (2000) and its progeny. At the second resentencing, the circuit court sentenced Kamana'o to the maximum twenty-year sentence for all three counts. The circuit court ordered that the two counts for sex assault run concurrently, while the sodomy count run consecutively. The circuit court also determined that Kamana'o was a repeat offender and was subject to a mandatory minimum of f...