State v. Barnes, CAAP-21-0000168

CourtCourt of Appeals of Hawai'i
Citation151 Hawai‘i 131,508 P.3d 1217 (Table)
Docket NumberCAAP-21-0000168
Parties STATE of Hawai‘i, Plaintiff-Appellee, v. Ronald Melvin BARNES, Defendant-Appellant
Decision Date09 May 2022

151 Hawai‘i 131
508 P.3d 1217 (Table)

STATE of Hawai‘i, Plaintiff-Appellee,
v.
Ronald Melvin BARNES, Defendant-Appellant

NO. CAAP-21-0000168

Intermediate Court of Appeals of Hawai‘i.

May 9, 2022


On the briefs:

Shawn A. Luiz, for Defendant-Appellant.

Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.

(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)

SUMMARY DISPOSITION ORDER

Defendant-Appellant Ronald M. Barnes (Barnes ) appeals from the February 19, 2021 Judgment of Conviction and Sentence; Notice of Entry (Resentencing Judgment ) entered by the Circuit Court of the First Circuit (Circuit Court ).1

This appeal arises from a resentencing upon remand from a prior appeal. On March 31, 2015, a jury found Barnes guilty of five counts of Sexual Assault in the First Degree (Sexual Assault First ) under Hawaii Revised Statutes (HRS ) § 707-730(1)(b) (2014).2 On October 26, 2015, Barnes was sentenced to 20 years of imprisonment for each of Counts 1, 3, 5, and 6, to run concurrently with each other, and 20 years of imprisonment for Count 13, to run consecutively with the other counts. The Hawai‘i Supreme Court vacated the sentence and remanded for resentencing after it concluded that the sentencing court plainly erred when it considered Barnes's failure to express sadness or admit guilt at his initial sentencing. State v. Barnes, 145 Hawai‘i 213, 220-22, 450 P.3d 743, 750-52 (2019) (Barnes I ). On February 19, 2021, Barnes was sentenced by a different judge to 20 years of imprisonment for Counts 1, 3, 5, and 6, to run concurrently with each other, and 20 years of imprisonment for Count 13, to run consecutively with the other counts. Barnes timely filed a notice of appeal.

Barnes raises a single point of error on appeal, contending that the Circuit Court abused its discretion in sentencing Barnes to a consecutive term of imprisonment with respect to Count 13, rather than all concurrent terms, i.e. , a maximum 20-year term of imprisonment.

Barnes has also filed a motion for retention of oral argument in this case, which is hereby DENIED.

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised, we resolve Barnes's point of error as follows:

Barnes argues that the Circuit Court abused its discretion in imposing a consecutive sentence in this case because the consecutive sentence was not warranted and the Circuit Court's statements during sentencing showed that Barnes was prejudiced by extraneous factors such as the state of the alleged victims in 2021, rather than at the time of the offense.

Under HRS § 706-668.5(2) (2014),3 when determining whether to impose multiple terms of imprisonment concurrently or consecutively, a court "shall consider the factors set forth in [ HRS §] 706-606." When imposing consecutive terms of imprisonment, "a court must state its reasons as to why a consecutive sentence rather than a concurrent one was required." Lewi v. State, 145 Hawai‘i 333, 350, 452 P.3d 330, 347 (2019) (quoting State v. Hussein, 122 Hawai‘i 495, 509, 229 P.3d 313, 327 (2010) ).

[T]he dual purposes behind the requirement that reasons be stated for a court's imposition of a consecutive sentence are to "(1) identify [ ] the facts or circumstances within the range of statutory factors that the court considered, and (2) confirm [ ] for the defendant, the victim, the public, and the appellate court that the decision was deliberate, rational, and fair."

Id. (quoting State v. Kong, 131 Hawai‘i 94, 102-03, 315 P.3d 720, 728-29 (2013) ).

However, a sentencing court "is not...

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