State v. Dudoit
Decision Date | 09 June 1999 |
Docket Number | No. 21417.,21417. |
Parties | STATE of Hawai`i, Plaintiff-Appellee, v. Mervin DUDOIT, Jr., Defendant-Appellant. |
Court | Hawaii Supreme Court |
John N. Ikenaga, Deputy Public Defender, on the briefs, for the defendant-appellant Mervin Dudoit, Jr.
Jerry W. Hupp, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.
The defendant-appellant Mervin Dudoit, Jr. appeals solely with regard to his sentence in connection with his conviction of two counts of abuse of a family or household member, in violation of Hawai`i Revised Statutes (HRS) § 709-906 (Supp.1997).1 On appeal, Dudoit argues that the family court erred in sentencing him to a mandatory thirty-day jail term for the second count of the complaint, pursuant to the "repeat offender" provision of HRS § 709-906(5)(b), see supra note 1, because (1) the legislative history of HRS § 709-906(5) establishes that the legislature intended that the repeat offender provision apply only to offenses occurring after prior convictions of a violation of the statute, (2) the repeat offender provision cannot apply to offenses committed on the same day, and/or (3) the repeat offender provision cannot apply to offenses occurring within a short time of each other. We disagree with all of Dudoit's contentions. Accordingly, we affirm the family court's judgment, guilty conviction, and sentence.
Dudoit was charged by way of a complaint, filed on October 2, 1997, with two counts of abuse of a family or household member in violation of HRS § 709-906. The complaint alleged that, on September 14, 1997, Dudoit "did intentionally, knowingly or recklessly engage in and cause physical abuse of a family or household member," naming, in two separate counts, Josette Dudoit (Count I) and Michelle Dudoit (Count II) as his victims.
On January 8, 1998, the family court conducted a change of plea hearing. In connection with Dudoit's plea of no contest as to both charges, the prosecution recited the following factual basis:
The family court accepted Dudoit's no contest pleas and turned to the issue of sentencing. The parties disputed whether the "repeat offender" provision of HRS § 709-906(5) applied to Count II. The family court continued the sentencing hearing in order to study the issue further. On February 6, 1998, the family court conducted a final hearing on the issue. After hearing further arguments, the family court ruled that, by employing the terms "first offense" and "second and any other subsequent offense," HRS § 709-906 applies to the commission of successive violations of the statute, rather than to convictions of such violations. Although the family court acknowledged that the legislative history of the statute, as amended, suggested that the legislature had intended the repeat offender provision of HRS § 709-906 to pertain to subsequent convictions, it concluded that the statutory language, as actually enacted, "failed relatively miserably" to achieve that end. Accordingly, the family court ruled that Count II of the complaint was a "second offense" for purposes of HRS § 709-906(5) and that it was "compelled to issue the 30 day sentence" with respect to that count. The family court sentenced Dudoit to probation for a period of one year, subject, as one condition of probation, to incarceration of forty-eight hours in conjunction with Count I and thirty days in conjunction with Count II.
The family court's judgment was filed on February 9, 1998. Dudoit timely appealed on March 9, 1998.2
"The authority of a trial court to select and determine the severity of a penalty is normally undisturbed on review in the absence of an apparent abuse of discretion or unless applicable statutory or constitutional commands have not been observed." State v. Valera, 74 Haw. 424, 439, 848 P.2d 376, 383, reconsideration denied, 74 Haw. 650, 853 P.2d 542 (1993).
State v. Davia, 87 Hawai`i 249, 253-54, 953 P.2d 1347, 1351-52 (1998) (quoting State v. Cornelio, 84 Hawai`i 476, 483, 935 P.2d 1021, 1028 (1997) (quoting State v. Gaylord, 78 Hawai`i 127, 143-44, 890 P.2d 1167, 1183-84 (1995))). "An abuse of discretion occurs if the trial court has clearly exceeded the bounds of reason or has disregarded rules or principles of law or practice to the substantial detriment of a party litigant." Id. at 253, 953 P.2d at 1351 (citations and internal quotation marks omitted).
The legislature added the "repeat offender" language to HRS § 709-906(5) in 1992. See 1992 Haw. Sess. L. Act 290, § 7 at 750 (hereinafter, "Act 290"). In addition to the amendment to HRS § 709-906, Act 290 also amended, inter alia, HRS §§ 580-10 ( )...
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