Hawai'i Legal News

State v. Garcia (HSC June 15, 2015) Background. Eddie Garcia was charged with one count of continuous sexual assault of a minor under the age of fourteen years, a Class A felony, and one count of abuse of family household member. He pleaded not guilty and prepared for trial. After the pre-trial voluntariness hearing, Mr. Garcia reached a plea agreement with the prosecution. Mr. Garcia agreed to plead no contest to both counts and agree to 20 years prison concurrent (he wouldn’t have to do 21 years). The prosecution agreed to “remain silent at the minimum term hearing” in front of the Hawaii Paroling Authority. Before sentencing, Garcia’s family and friends submitted to the pre-sentence investigator letters of support of him. His daughter also wrote a letter asking the Court to lessen his sentence because her mother was struggling without him. The prosecution also submitted a letter and three exhibits. The letter pointed out “some aggravating factors” even though it simultaneous...

Nichols v. State (ICA December 24, 2014) Background. Nicholas Nichols was charged with various felonies in two separate cases. One case involved a home invasion and a shooting. The other case arose out of an assault in Kalakaua District Park. Nichols entered a plea agreement. He pleaded guilty to two felony counts in the assault and fifteen felonies in the home-invasion case. The parties agreed that for each count, he would be sentenced to prison and that he would serve some offenses concurrently. The parties, however, were free to argue that some should run consecutively. The prosecution also agreed not to seek extended terms of imprisonment. In the assault case, the circuit court sentenced Nichols to ten years concurrently in the assault case. In the home-invasion case, Nichols was sentenced to prison on those with a five-year mandatory minimum on seven of the counts. All would run concurrently to each other and total twenty years. In the end, though, the circuit court imposed th...

De la Garza v. State (HSC May 10, 2013) Background. Cheyne de la Garza pleaded no contest to a single count of assault in the first degree (HRS § 707-710(1)) and kidnapping as a class B felony (HRS § 707-720(3)). The complainant was a person with whom De la Garza had a romantic relationship. The circuit court sentenced De la Garza to ten years prison with both counts running concurrently. The Hawaii Paroling Authority held a hearing to determine De la Garza’s minimum term of imprisonment before he would be eligible for parole. Before the hearing, the HPA obtained the pre-sentence investigation report and a letter from the prosecutor’s office that recommended a minimum term. No one—not the prosecutor, the defense counsel, or even De la Garza—attended the hearing. Afterwards, the HPA ordered a minimum term of 18 months for each count. The level of punishment, according to the HPA guidelines ( click here for the guidelines ), was set at Level II. One month later, the HPA recei...

Fukusaku v. State (ICA April 3, 2012) Background. Raita Fukusaku was convicted of two counts of 2d degree murder, and was sentenced to two consecutive terms of imprisonment with mandatory minimum terms of 15 years each. The Hawai'i Paroling Authority set the minimum terms to two twenty-year terms. Thus, he had to serve 40 years before being eligible for parole. Fukusaku appealed and the case was remanded for re-sentencing. Fukusaku was again sentenced to two consecutive life terms imprisonment with the possibility of parole. This time, the HPA gave him two terms of twenty-five years making it a 50-year minimum term. Fukusaku sought a petition to correct the terms pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 40. Fukusaku, pro se, argued that the HPA was being vindictive and unjustified in upping the terms. The petition was denied without a hearing. Fukusaku appealed. The Standard of Review. A Rule 40 petition is the appropriate procedural means to challenge the...