State v. Mersberg, 6250
| Decision Date | 07 May 1979 |
| Docket Number | No. 6250,6250 |
| Citation | 594 P.2d 1078,61 Haw. 1 |
| Parties | STATE of Hawaii, Plaintiff-Appellee, v. James A. MERSBERG, Defendant-Appellant. |
| Court | Hawaii Supreme Court |
Syllabus by the Court
A trial judge in the sentencing process should always consider all possible alternative sentences.
Renee M. L. Yuen, Deputy Public Defender, Honolulu (Edmund K. U. Yee, Deputy Public Defender, Honolulu, with her on briefs), for defendant-appellant.
Albert H. Esposito, Deputy Pros. Atty., Honolulu , for plaintiff-appellee.
The Court has reviewed the record in this case and has considered the issues and arguments raised by the parties. Based upon the facts and circumstances of this case and upon applicable law, the Court concludes that there is no reversible error.
A trial judge in the disposition of any matter before him, Particularly in the sentencing process, should always consider all of the possible alternatives available. . . . (Emphasis added.)
State v. Martin, 56 Haw. 292, 294, 535 P.2d 127, 128 (1975).
In the instant case we are satisfied that the trial court did consider all possible alternative sentences, including the provisions of HRS § 706-667. However, in order to forestall any claims that the court failed to do so, the trial court would be well advised to state clearly on the record that these alternatives were considered. Such a record would be especially helpful and relevant when a young adult defendant is sentenced upon his conviction of a crime.
Affirmed.
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State v. Hussein
...would be well advised to state clearly on the record that the alternative sentencing options were considered." State v. Mersberg, 61 Haw. 1, 2, 594 P.2d 1078, 1078 (1979)10; see also State v. Gaylord, 78 Hawai`i 127, 144, 890 P.2d 1167, 1184 (1995); State v. Lau, 73 Haw. 259, 264, 831 P.2d ......
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State v. Hussein, No. 28617 (Hawaii 4/21/2010)
...would be well advised to state clearly on the record that the[] alternative[ sentencing options] were considered." State v. Mersberq, 61 Haw. 1, 2, 594 P.2d 1078, 1078 (1979)10; see also State v. Gaylord, 78 Hawai'i 127, 144, 890 P.2d 1167, 1184 (1995); State v. Lau, 73 Haw. 259, 264, 831 P......
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State v. Lau
...and to also state that sentencing alternatives were considered, especially when a young adult defendant is sentenced. State v. Mersberg, 61 Haw. 1, 594 P.2d 1078 (1979); see also State v. Hopkins, 60 Haw. 540, 592 P.2d 810 In Mersberg, we stated that in order to forestall any claims that th......