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NO. 22728 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLES E. MENDES, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 97-0298) MEMORANDUM OPINION Burns, C.J., Watanabe and Lim, JJ.)

(By:

Defendant-Appellant Charles E. Mendes (Mendes) appeals the circuit court's July 29, 1999 Order Summarily Denying Defendant's Motion to Correct or Reduce Sentence Filed on July 6, 1999, Without a Hearing (July 29, 1999 Order). BACKGROUND The guilty plea filed by Mendes on August 14, 1997, states, in relevant part, as follows: "On September 30, 1995, I We affirm.

intentionally entered a building with intent to commit theft, and while committing theft, I was armed with a knife and threatened force against another person." For its part of the plea bargain, Plaintiff-Appellee State of Hawai#i (State) agreed not to seek an extended, consecutive, or mandatory minimum sentence. The October 23, 1997 Judgment sentenced Mendes to concurrent prison terms as follows:

Count 1:

Robbery in the First Degree (imprisonment for twenty years) Burglary in the Second Degree (imprisonment for five years)

Count 2:

On July 6, 1999, Mendes, acting pro se, filed a Motion to Correct or Reduce Sentence (July 6, 1999 Motion). This motion

stated that it was based on Hawai#i Rules of Penal Procedure (HRPP) Rule 35 which pertains to "CORRECTION OR REDUCTION OF SENTENCE." The sole ground asserted in support of the July 6,

1999 Motion was as follows:
The plain language of [Hawai #i Revised Statutes (HRS)

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