State v. Maugaotega
Decision Date | 29 June 2005 |
Docket Number | No. 26657.,26657. |
Citation | 107 Haw. 399,114 P.3d 905 |
Parties | STATE of Hawai'i, Plaintiff-Appellee, v. Miti MAUGAOTEGA, Jr., Defendant-Appellant. |
Court | Hawaii Supreme Court |
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.
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.
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.
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.
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.
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.
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.
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:
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