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Evangelista v. State
State: Hawaii
Court: Court of Appeals
Docket No: 25676
Case Date: 07/21/2004
Preview:NOT FOR PUBLICATION NO. 25676, 25677, and 25678 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I PAULINO EVANGELISTA, JR., Defendant-Appellant, V. STATE OF HAWAI#I, Plaintiff-Appellee APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CR. NOS. 02-1-0357, 02-1-0124, AND 02-1-0187) SUMMARY DISPOSITION ORDER (By Burns, C.J., Foley and Fujise, JJ.) Defendant-Appellant Paulino Evangelista, Jr. brings this appeal from the sentence and judgment entered on February 19, 2003, in each of three criminal cases consolidated herein. After diligently reviewing the record and the briefs submitted and carefully considering the arguments advanced and the issues raised, we resolve Defendant's points of error as follows: 1. The sentencing court1 did not abuse its discretion

when it ordered that Defendant's sentence, consisting of ten years' incarceration for each of ten counts of Burglary in the First Degree and five years' incarceration for each of four counts of Burglary in the Second Degree and one count of Theft in the Second Degree, be served consecutively. Where the issue has State v.

not been raised below, it is reviewed for plain error.

1

The Honorable Riki May Amano presided.

1

NOT FOR PUBLICATION Jenkins, 93 Hawai#i 87, 114, 997 P.2d 13, 40 (2000). As required

by Hawai#i Revised Statutes (HRS)
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