State v. Gomes
Decision Date | 26 May 2005 |
Docket Number | No. 26466.,26466. |
Citation | 107 Haw. 308,113 P.3d 184 |
Parties | STATE of Hawai`i, Plaintiff-Appellee-Respondent, v. Ronald GOMES, Defendant-Appellant-Petitioner. |
Court | Hawaii Supreme Court |
Ronald Gomes, on the writ, pro se.
On April 6, 2005, the defendant-appellant-petitioner Ronald Gomes filed an application for a writ of certiorari, requesting that we review the published opinion of the Intermediate Court of Appeals (ICA) filed on March 23, 2005 (the ICA's opinion, 107 Hawai`i 253, 112 P.3d 739, 2005 WL 668610,), affirming the March 8, 2004 order of the circuit court of the second circuit, the Honorable Shackley F. Raffetto presiding, denying Gomes's petition to correct illegally imposed sentence and conviction, pursuant to Hawai`i Rules of Penal Procedure (HRPP) Rule 35.
In his application, Gomes merely states that he "hereby seeks to raise these issues in the Supreme Court of the State of Hawaii."
On April 12, 2005, we granted certiorari solely to clarify the issue of whether relief under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), may be afforded on collateral attack. In accordance with the decision of the United States Court of Appeals for the Ninth Circuit in United States v. Sanchez-Cervantes, 282 F.3d 664 (9th Cir.2002), we conclude that it may not. We express no opinion at this time, however, regarding the applicability of the United States Supreme Court's decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to this court's analysis of the viability of our statutory extended term sentencing scheme, as elucidated in State v. Kaua, 102 Hawai`i 1, 72 P.3d 473 (2003), and State v. Rivera, 106 Hawai`i 146, 102 P.3d 1044 (2004). Accordingly, we hold that the ICA erred in reaching the merits of Gomes's Apprendi claim, but we nevertheless affirm the ICA's published opinion for the reasons stated in this opinion.
As a preliminary matter, we adopt the following unchallenged factual background, in abbreviated form, as set forth in the ICA's opinion:
On April 21, 2003, Gomes filed a "Notice of Certiorari" to the United States Court of Appeals for the Ninth Circuit. . . . On July 28, 2003, the Ninth Circuit replied:
On December 22, 2003, Gomes, continuing pro se, filed the petition underlying this appeal, a "Petition to Correct Illegally Imposed Sentence and Conviction Pursuant to Hawaii Appellate [sic] Procedure Rule 35."[1] Gomes asserted that his State and federal constitutional rights to due process and against double jeopardy had been violated, "when petitioner convicted [sic] of Sexual Assault in the First Degree after these charges had been dropped in an earlier plea agreement." "Furthermore," Gomes averred, . . .
On March 8, 2004, the circuit court denied Gomes's petition[.] . . . Gomes filed his notice of this appeal on March 22, 2004.
ICA's opinion, at 253-57, 112 P.3d at 739-43 ( )(some brackets added and some in original).
On appeal, Gomes argued, inter alia, that he had been unconstitutionally sentenced to an extended term of imprisonment by a judge rather than a jury. ICA's opinion, at 257-589, 112 P.3d at 743-44. The ICA resolved Gomes's argument as follows:
If the [Federal Sentencing] Guidelines as currently written could be read as merely advisory provisions that recommended, rather than required, the selection of particular sentences in response to differing sets of facts, their use would not implicate the Sixth Amendment. We have never doubted the authority of a judge to exercise broad discretion in imposing a sentence within a statutory range. See Apprendi, 530 U.S. at 481,120 S.Ct. 2348, ; Williams v. New York, 337 U.S. 241, 246, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949). Indeed, everyone agrees that the constitutional issues presented by these cases would have been avoided entirely if Congress had omitted from the [Sentencing Reform Act of 1984] the provisions that make the Guidelines binding on district judges. . . . For when a trial judge exercises his discretion to select a specific sentence within a defined range, the defendant has no right to a jury determination of the facts that the judge deems relevant.
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