State v. Maugaotega, 26657.

CourtSupreme Court of Hawai'i
Citation168 P.3d 562
Docket NumberNo. 26657.,26657.
PartiesSTATE of Hawai`i, Plaintiff-Appellee, v. Miti MAUGAOTEGA, Jr., Defendant-Appellant.
Decision Date01 October 2007

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee.

State of Hawai`i Karen T. Nakasone, Deputy Public Defender, on the briefs, for the defendant-appellant Miti Maugaotega, Jr.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., and ACOBA, J., concurring and dissenting separately with whom DUFFY, J., joins.

Opinion of the Court by LEVINSON, J.

On February 20, 2007, on petition for a writ of certiorari, the United States Supreme Court vacated the judgment of this court in State v. Maugaotega, 107 Hawai`i 399, 114 P.3d 905 (2005) (Maugaotega I), in which this court affirmed the defendant-appellant Miti Maugaotega, Jr.'s extended terms of imprisonment, and ordered that we reconsider Maugaotega's appeal in light of Cunningham v. California, 549 U.S. ___, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007). Maugaotega v. Hawai`i, 549 U.S. ___, 127 S.Ct. 1210, 167 L.Ed.2d 37 (2007).

For the reasons discussed infra, we vacate Maugaotega's original extended term sentences and remand to the circuit court for non-extended term sentencing.

I. BACKGROUND

On June 16, 2004, Maugaotega appealed from the extended term sentences imposed upon him pursuant to Hawai`i Revised Statutes (HRS) § 706-661 (Supp.1999)1 and HRS § 706-662(4)(a) (1993 & Supp.2003),2 by the circuit court of the first circuit, the Honorable Patrick Border presiding, following Maugaotega's conviction of twenty-two offenses alleged in five separate indictments.3 See Maugaotega I, 107 Hawai`i at 401-03, 114 P.3d at 907-09 (detailing a total of twenty-two counts of which Maugaotega was convicted, including one count of attempted murder in the second degree, in violation of HRS §§ 707-701.5 (1993) and 707-500 (1993), five counts of robbery in the first degree, in violation of HRS § 708-840(1)(b)(i) and/or (ii) (1993 & Supp.2003), three counts of burglary in the first degree, in violation of HRS § 708-810(1)(c) (1993), two counts of sexual assault in the first degree, in violation of HRS § 707-730(1)(a) (1993 & Supp.2003), and two counts of promoting a dangerous drug in the third degree, in violation of HRS § 712-1243 (1993 & Supp.2003)). The prosecution filed five separate motions for extended terms of imprisonment. Id. at 402-03, 114 P.3d at 908-09.

On May 17, 2004, the circuit court conducted a sentencing hearing during which it concluded that Maugaotega qualified as a multiple offender under HRS § 706-662(4)(a), see supra note 2. In Cr. No. 03-1-1897, the court ruled:

"Under 706-662(4)(a) the requirement must be that the defendant is a multiple offender whose criminal actions are so extensive that a sentence of imprisonment for an extended term is necessary for the protection of the public.

The court shall not make this finding unless the defendant is being sentenced for two or more felonies. Today, [Maugaotega] is being sentenced for 22 felonies, 14 of which involved the named victim, twelve of those involving the use of a firearm in the commission of the offense. Yet another offense, [p]romoting [p]rison [c]ontraband in the [f]irst [d]egree, involves the use or introduction into the prison of a device which is dangerous in nature, to wit, a shank[,] and [this] represents a heightened danger, particularly when introduced into a prison setting.

A careful examination of [Maugaotega]'s conduct in the period between May and June of 2003 demonstrates a pattern of escalating violence. The ... first offenses in late May were burglaries, primarily involving a risk to property. The second cluster of offenses involved — escalated to robberies with the use of a semi-automatic weapon in furtherance of crimes.

The third cluster of offenses involved [s]exual [a]ssault and [r]obbery, once again facilitated by the use of a firearm. The most violent of the offenses followed in June 26th with the attempted murder of Eric Kawamoto. There were a total of six named victims of violent or potentially violent crimes within the relative short period between late May and the end of June, 2003.

Given the facts of these offenses, the court concludes that [Maugaotega] is a multiple offender under [HRS § ]706-662(4)(a). These criminal actions were so extensive that the sentence of imprisonment for an extended term is necessary for the protection of the public. Consequently, the [prosecution]'s motion for extended term of imprisonment in Criminal Number 03-1-1897 is granted."

Maugaotega I, 107 Hawai`i at 403-04, 114 P.3d at 909-10 (quoting May 17, 2004 circuit court proceedings) (brackets in Maugaotega I) (some emphasis added and some in original). The circuit court rendered similar findings of fact regarding Maugaotega's multiple-offender status and the necessity of extended terms for the protection of the public [hereinafter, "the necessity finding"] in granting the other four motions for extended terms of imprisonment and proceeded to sentence Maugaotega to extended terms on all twenty-two counts. Id. at 403-05, 114 P.3d at 909-11. On May 17 and May 18, 2004, the circuit court entered judgments convicting Maugaotega of and sentencing him for the twenty-two counts charged in the five criminal cases. Id. at 401, 114 P.3d at 907.

On September 8, 2004, the circuit court entered written findings of facts (FOFs) and conclusions of law (COLs) and orders granting the prosecution's motions for extended terms of imprisonment as a multiple offender. Id. at 405, 114 P.3d at 911. The circuit court found, inter alia that:

... Maugaotega ... is a "multiple offender" whose commitment for an extended term is necessary for the protection of the public because of the following facts:

a. [Maugaotega] has an extensive juvenile criminal history b. [Maugaotega]'s criminality has continued despite his prior contacts with the criminal justice system.

c. [Maugaotega] has failed to benefit from the criminal justice system.

d. [Maugaotega] has demonstrated a total disregard for the rights of others and a poor attitude toward the law.

e. [Maugaotega] has demonstrated a pattern of criminality which indicates that he is likely to be a recidivist in that he cannot conform his behavior to the requirements of the law.

f. Due to the quantity and seriousness of the instant offense, [Maugaotega] poses a serious threat to the community and his long[-]term incarceration is necessary for the protection of the public.

Id. at 405, 114 P.3d at 911 (some brackets added).

Maugaotega timely appealed from the May 17 and 18, 2004 judgments, arguing that

the circuit court erred in granting each of the prosecution's five motions for extended terms of imprisonment because the [FOF] that extended terms were necessary for the protection of the public was not submitted to a jury and proved beyond a reasonable doubt, in violation of the sixth amendment to the United States Constitution.

Id. at 407, 114 P.3d at 913. He contended that "`[a]llowing a judge to pick and choose which factors [a]re "intrinsic" or "extrinsic" leads to the same type of arbitrariness and absurdity' that the United States Supreme Court sought to curb in Apprendi[ v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000),] and Blakely[ v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004)]." Maugaotega I, 107 Hawai`i at 407, 114 P.3d at 913. A majority of this court rejected Maugaotega's arguments and, on July 29, 2005, entered a notice and judgment on appeal, affirming the circuit court's May 17 and 18, 2004 judgment and sentences.

On October 27, 2005, Maugaotega filed a petition for a writ of certiorari with the United States Supreme Court, which, on November 2, 2005, docketed the application as No. 05-7309. On February 20, 2007, the Court granted the application and entered a mandate and judgment, vacating our July 29, 2005 judgment and remanding the matter to this court for reconsideration in light of Cunningham.

II. DISCUSSION
A. The Interplay Between This Court's Intrinsic/Extrinsic Distinction And Jones v. United States, Apprendi, And Their Progeny
1. This court's analysis prior to Maugaotega I

In State v. Kaua, 102 Hawai`i 1, 72 P.3d 473 (2003), this court drew a clear distinction between findings that qualified a defendant for an extended term of imprisonment and findings that a sentencing judge made in the traditional exercise of discretion in deciding whether to impose an extended term pursuant to HRS § 706-662(4). Id. at 9-10, 72 P.3d at 481-82. The former determination — i.e., that the defendant was a multiple offender — arose out of multiple felony convictions obtained by proof beyond a reasonable doubt in adjudicative proceedings, before a trier of fact, subject to criminal due process protections, while the latter determination — i.e., the necessity finding — entailed a traditional exercise of discretion by the sentencing judge, reviewable for abuse of discretion:

It is settled that an extended term sentencing hearing is "a separate criminal proceeding apart from the trial of the underlying substantive offense," wherein "all relevant issues should be established by the state beyond a reasonable doubt." State v. Kamae, 56 Haw. 628, 635, 548 P.2d 632, 637 (1976). In State v. Huelsman, 60 Haw. 71, 588 P.2d 394 (1979), this court addressed the procedural protections to be accorded criminal defendants at an extended term sentencing hearing and announced a two-step process in which a sentencing court must engage in order to impose an extended term sentence. Id. at 76, 588 P.2d at 398. For purposes of a motion for an extended term of imprisonment under HRS § 706-662(4), the first step requires a finding beyond a reasonable doubt "that the defendant is a multiple offender, which finding may not be made unless the defendant is being sentenced for two or more felonies or is under sentence for a felony and the maximum terms...

To continue reading

Request your trial
7 cases
  • Paulette Ka‘anohiokalani Kaleikini v. Thielen
    • United States
    • Hawaii Supreme Court
    • August 18, 2010
  • State v. Auld
    • United States
    • Hawaii Court of Appeals
    • January 27, 2015
  • Birano v. State, No. 29050 (Haw. App. 4/24/2009)
    • United States
    • Hawaii Court of Appeals
    • April 24, 2009
    ... ... Maugaotega, 107 Haw. 399, 114 P.3d 905 (2005), cert, granted and judgment vacated and remanded by 127 S. Ct. 1210 (Feb. 2007). Specifically, the Court remanded for further consideration in light of Cunningham v. California, 127 S.Ct. 856 (2007), which addressed extended term sentences ...         The ... ...
  • Barnett v. State, No. 29427 (Haw. App. 11/25/2009)
    • United States
    • Hawaii Court of Appeals
    • November 25, 2009
    ... ... An Amended Judgment was entered on December 16, 1994, and Barnett did not file a direct appeal ...         On appeal in this post-conviction proceeding, Barnett claims that his extended term sentences are illegal because State v. Maugaotega, 115 Hawai`i 432, 168 P.3d 562 (2007), applies retroactively to his case on collateral review and because the version of the extended term statute under which he was ... sentenced, Hawaii Revised Statutes (HRS) § 706-662 (Supp. 1990), was void ab initio. Barnett also contends that the circuit ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT