Preview:

NO.

23129

IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellant, vs. SERENA AHUNA, Defendant-Appellee, and RANNETTE OGA, Defendant. APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 94-0751)

(By:

SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

The plaintiff-appellant State of Hawai#i (hereinafter, "the prosecution") appeals from the first circuit court's order, filed on January 7, 2000, granting the defendant-appellee Serena Ahuna's motion for clarification of sentence. On appeal, the

prosecution contends that the circuit court imposed an illegal sentence by granting Ahuna "time-served credit" in the present matter, Cr. No. 94-0751, for time actually served in connection with an unrelated criminal matter, Cr. No. 97-1038. Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we hold that the circuit court imposed an illegal sentence when it granted Ahuna credit in the present matter for time served in connection with an unrelated criminal matter. See State v.

March, 94 Hawai#i 250, 254-55, 11 P.3d 1094, 1098-99 (2000)

(holding that Hawai#i Revised Statutes

Download State v. Ahuna.pdf

Hawaii Law