421 P.3d 674 (Hawai‘i 2018), SCWC-14-0000531, Preble v. State

Docket Nº:SCWC-14-0000531
Citation:421 P.3d 674, 142 Hawai‘i 466
Party Name:David PREBLE, Petitioner/Petitioner-Appellant, v. STATE of Hawai‘i, Respondent/Respondent-Appellee.
Attorney:David Preble, Petitioner-Appellant, pro se. Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, for Respondent-Appellee.
Judge Panel:(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.,)
Case Date:June 29, 2018
Court:Supreme Court of Hawai'i
 
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Page 674

421 P.3d 674 (Hawai‘i 2018)

142 Hawai‘i 466

David PREBLE, Petitioner/Petitioner-Appellant,

v.

STATE of Hawai‘i, Respondent/Respondent-Appellee.

No. SCWC-14-0000531

Supreme Court of Hawai‘i

June 29, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0000531; S.P.P. NO. 11-1-0054; CR NO. 99-2362)

David Preble, Petitioner-Appellant, pro se.

Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, for Respondent-Appellee.

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.,)

SUMMARY DISPOSITION ORDER

Petitioner David Preble (Preble) was convicted of several counts each of first-degree sexual assault and third-degree sexual assault in 2001 and sentenced to extended terms of imprisonment. On direct appeal, the ICA affirmed his convictions in 2004, and this court denied his application for writ of certiorari on January 13, 2005. Preble filed a petition pursuant to Hawai‘i Rules of Penal Procedure (HRPP) Rule 40 in 2011. The circuit court denied his petition without a hearing on January 30, 2014. Preble appealed the circuit court’s denial to the Intermediate Court of Appeals (ICA), which affirmed the circuit court in a summary disposition order filed March 17, 2017. Subsequently, in his amended Rule 40 petition Preble argued his extended term sentences were "illegal sentences" under Apprendi v. New Jersey, 530 U.S. 446 (2000). We accepted his application for writ of certiorari on July 5, 2017. We hold that under our recent decision in Flubacher, Preble is entitled to relief under HRPP Rule 40. Flubacher v. State, 142 Hawai‘i 109, 414 P.3d 161 (2018); HRPP Rule 40(a).

I. Background

Preble was indicted on multiple charges of sexual assault in the first degree and sexual assault in the third degree on December 2, 1999. His first two trials on the charges resulted in mistrials. In the third trial, which concluded June 7, 2001, a jury found Preble guilty of three counts of first-degree sexual assault and eight counts...

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