State v. Maugaotega, 26657.

Citation107 Haw. 399,114 P.3d 905
Decision Date29 June 2005
Docket NumberNo. 26657.,26657.
PartiesSTATE of Hawai'i, Plaintiff-Appellee, v. Miti MAUGAOTEGA, Jr., Defendant-Appellant.
CourtSupreme Court of Hawai'i

Karen T. Nakasone, Deputy Public Defender, on the briefs, for the defendant-appellant Miti Maugaotega, Jr.

James M. Anderson, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai'i.

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

Opinion of the Court by LEVINSON, J.

The defendant-appellant Miti Maugaotega, Jr. appeals from the judgments of the circuit court of the first circuit, the Honorable Patrick Border presiding, filed on May 17, 2004 and May 18, 2004, convicting him of and sentencing him for twenty-two offenses in five criminal cases, see infra Section I.

On appeal, Maugaotega contends that the circuit court plainly erred in sentencing him to extended terms of imprisonment as a "multiple offender," pursuant to HRS § 706-662(4)(a) (1993 & Supp.2003),1 inasmuch as the jury did not decide that such extended terms of imprisonment were necessary for the protection of the public, and, therefore, that the extended term sentences imposed by the circuit court ran afoul of the United States Supreme Court's decision 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).

We note that this court's recent analysis and decision in State v. Rivera, 106 Hawai'i 146, 102 P.3d 1044 (2004), which reaffirmed this court's holding in State v. Kaua, 102 Hawai'i 1, 72 P.3d 473 (2003), that Hawaii's extended term sentencing scheme does not run afoul of Apprendi, disposes of Maugaotega's point of error on appeal. Nevertheless, on January 12, 2005, the United States Supreme Court decided United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), holding that federal sentencing guidelines are subject to the jury trial requirements of the sixth amendment, and severing provisions making the guidelines mandatory. Accordingly, we take this opportunity to reassert the viability of this court's analytical "intrinsic-extrinsic" approach to Hawaii's statutory extended term sentencing scheme.

We hold that our approach to Hawaii's extended term sentencing scheme, as explicated in Kaua and Rivera, is not at odds with United States v. Booker, inasmuch as (1) Booker's holding is limited to the federal sentencing guidelines, and (2) Hawaii's extended term sentencing structure is not mandatory. We therefore affirm Maugaotega's sentences.

I. BACKGROUND
A. Cr. No. 03-1-1897

On September 3, 2003, an O'ahu grand jury returned an indictment against Maugaotega in Cr. No. 03-1-1897, charging him with the following offenses: (1) attempted murder in the second degree (Count I), in violation of Hawai'i Revised Statutes (HRS) §§ 707-701.5 (1993) and 707-500 (1993); (2) use of a firearm in the commission of a felony (Counts II and V), in violation HRS § 134-6(a) and (e) (Supp.2003); (3) robbery in the first degree (Count III), in violation of HRS § 708-840(1)(b)(i) and/or (ii) (1993 & Supp.2003); (4) burglary in the first degree (Count IV), in violation of HRS § 708-810(1)(c) (1993); (5) place to keep firearm (Count VI), in violation of HRS § 134-6(c) and (e) (Supp. 2003); (6) promoting a dangerous drug in the third degree (Counts VII and VIII), in violation of HRS § 712-1243 (1993 & Supp.2003); and (7) unlawful possession of drug paraphernalia (Count IX), in violation of HRS § 329-43.5(a) (1993).

Following a jury trial that ended on March 3, 2004, Maugaotega was found guilty as charged on all nine counts. On April 22, 2004, the prosecution filed a motion for extended terms of imprisonment, pursuant to HRS § 706-662(4)(a), see supra note 1.

B. Cr. No. 03-1-2727

On December 18, 2003, an O'ahu grand jury returned an indictment against Maugaotega in Cr. No. 03-1-2727, charging him with the one count of promoting prison contraband, in violation of HRS § 710-1022(1)(b) (1993).

On March 8, 2004, Maugaotega entered a no contest plea to the charge. On April 21, 2004, the prosecution filed a motion for an extended term of imprisonment, pursuant to HRS § 706-662(4)(a), see supra note 1.

C. Cr. No. 03-1-2726

On December 18, 2003, an O'ahu grand jury returned an indictment against Maugaotega in Cr. No. 03-1-2726, charging him with the following offenses: (1) sexual assault in the first degree (Counts I and II), in violation of HRS § 707-730(1)(a) (1993 & Supp.2003); (2) robbery in the first degree (Count III), in violation of HRS § 708-840(1)(b)(ii) (1993 & Supp.2003); (3) burglary in the first degree (Count IV), in violation of HRS § 708-810(1)(c) (1993); (4) use of a firearm in the commission of a felony (Count V), in violation HRS § 134-6(a) and (e) (Supp.2003); and (5) assault in the second degree (Count VI), in violation of HRS § 707-711(1)(d) (1993).

On March 8, 2004, Maugaotega entered a no contest plea to all six counts. On April 21, 2004, the prosecution filed a motion for extended terms of imprisonment, pursuant to HRS § 706-662(4)(a), see supra note 1.

D. Cr. No. 03-1-2725

On December 18, 2003, an O'ahu grand jury returned an indictment against Maugaotega in Cr. No. 03-1-2725, charging him with the following offenses: (1) robbery in the first degree (Counts I and II), in violation of HRS § 708-840(1)(b)(ii) (1993 & Supp. 2003); (2) burglary in the first degree (Count III), in violation of HRS § 708-810(1)(c) (1993); and (3) use of a firearm in the commission of a felony (Count IV), in violation HRS § 134-6(a) and (e) (Supp.2003).

On March 8, 2004, Maugaotega entered a no contest plea to all four counts. On April 21, 2004, the prosecution filed a motion for extended terms of imprisonment, pursuant to HRS § 706-662(4)(a), see supra note 1.

E. Cr. No. 03-1-2724

On December 18, 2003, an O'ahu grand jury returned an indictment against Maugaotega in Cr. No. 03-1-2724, charging him with burglary in the first degree (Counts I and II), in violation of HRS § 708-810(1)(c) (1993).

On March 8, 2004, Maugaotega entered a no contest plea to both counts. On April 21, 2004, the prosecution filed a motion for extended terms of imprisonment, pursuant to HRS § 706-662(4)(a), see supra note 1.

F. Sentencing

The circuit court conducted a sentencing hearing on May 17, 2004, during which it sentenced Maugaotega in all five criminal numbers and considered the prosecution's five motions for extended term sentencing. The circuit court concluded that Maugaotega was a multiple offender under HRS § 706-662(4)(a) and orally granted each of the prosecution's motions for extended terms of imprisonment as follows:

THE COURT: The next motion by the [prosecution] under Criminal Number XX-X-XXXX is a motion for extended term of imprisonment pursuant to [HRS] Section 706-661 and 706-662(4)(a). Under 661, subsection one, the extended term for [m]urder in the [s]econd [d]egree is life without the possibility of parole.
In Count I, for the charge of [a]ttempted [m]urder, the court cites to [HRS] Section 705-500 and 706-662(4)(a) as a basis for its ruling. 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 XX-X-XXXX is granted.
Pursuant to [HRS §§] 705-500 and 706-661, the court extends the term of imprisonment in Count I to life without the possibility of parole; in Counts II, III and V, to life; in Counts IV and VI, to 20 years each, and in Counts VII, VIII, and IX to ten years each. Said extended terms are to run concurrent with each other.
. . . .
The [prosecution]'s next motion under Criminal Number XX-X-XXXX is a motion for extended term of imprisonment of 20 years. Inasmuch as the offenses under this criminal number are [b]urglaries in the [f]irst [d]egree, these are both Class B felonies for which the extended term would be 20 years per offense....
.... The multiple offender analysis of this court that this court has followed ... is identical to that earlier described in the offense of [a]ttempted [m]urder in the [s]econd [d]egree.
Given the facts of these offenses, the court concludes [that
...

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