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NO.

22666

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

) ) Plaintiff-Appellee, ) ) ) vs. ) ) ROY HOWARD CARLSEN, ) Defendant-Appellant. ) _______________________________ ) STATE OF HAWAI`I,

CR. NO. 94-478 APPEAL FROM ORDER OF RESENTENCING, REVOCATION OF PROBATION, filed on June 10, 1999 THIRD CIRCUIT COURT

SUMMARY DISPOSITION ORDER The defendant-appellant Roy Howard Carlsen appeals from the third circuit court's order of resentencing upon revocation of probation, filed on June 10, 1999. of error: Carlsen raises two points (1) that a probation officer's statements during the

resentencing proceedings constituted excessive and impermissible advocacy that infected the circuit court's determination of Carlsen's sentence; and (2) that he was denied his right to allocution. probation. Carlsen does not contest the revocation of his The prosecution concedes that the circuit court did

not personally invite Carlsen to allocute during the resentencing proceedings, and, therefore, purports to confess that a remand for resentencing would be appropriate. However, 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, and, furthermore, even assuming that the alleged errors of which Carlsen complains did occur, we hold that they were harmless beyond a reasonable doubt. With regard to Carlsen's first point of error, we hold that, inasmuch as HRS

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