 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Ahakuelo6/19/1984
[5 HawApp Page 205] Defendant Benjamin P. Ahakuelo, Jr. (Defendant) appeals from the sentence imposed upon him pursuant to Hawaii Revised Statutes (HRS) § 291-4(a)(2) (1982 and 1983 Supp.) after his second
conviction of the offense of operating a motor vehicle while under the influence of intoxicating liquor (DUI). Defendant contends that the trial court erred in sentencing him as a repeat offender pursuant to the cited statute. We agree and remand for resentencing on the second conviction only.
Defendant was charged with two separate offenses of DUI which occurred on February 15, 1983 and on February 16, 1983. The charges were orally and consecutively presented on the same day and Defendant entered guilty pleas to both charges.
For the February 15, 1983 offense, the district court sentenced Defendant to a 14-hour alcohol abuse rehabilitation program, 72 hours of community service, and imprisonment for 2 days, pursuant to HRS § 291-4(a)(1). For the February 16, 1983 offense, the court sentenced Defendant to imprisonment for 10 days and a fine of $500 pursuant to the mandatory sentencing provisions of HRS § 291-4(a)(2). This appeal followed.
The State contends that Defendant failed to file a timely notice of appeal and that the appeal should be dismissed because it was filed one day beyond the time required in Rule 37(c), Hawaii Rules of Penal Procedure (HRPP) (1981). The record indicates that the judgment was filed on March 30, 1983, and that on April 4, 1983, Defendant filed a motion for reconsideration of sentence. This motion was denied in an order filed on April 7, 1983. Defendant's notice of appeal was filed with the supreme court clerk's office as ex-officio clerk of the District Court of the First Circuit, on April 18, 1983, pursuant to HRS § 606-1 (1979).
The State's contention is without merit. The record indicates that the last day to file a timely notice of appeal was April 17, 1983. However, April 17, 1983, fell on a Sunday, so Defendant timely filed his appeal on the next day, April 18, 1983. See Rule 45(a), HRPP (1983).
Defendant contends that the district court erred in finding that the mandatory sentencing provision of HRS § 291-4(a)(2) applied to the sentence on the February 16, 1983 DUI offense. Citing State v. Tavares, 63 Haw. 509, 630 P.2d 633 (1981), he contends that the conviction of the February 15, 1983 DUI offense should not be treated as a prior conviction, since he had no opportunity to reform before the second conviction. Although we find the holding in State v. Tavares, supra, not determinative of the instant case, nevertheless we find that the trial court erred in construing the mandatory sentencing provision of § 291-4(a)(2) to be applicable to Defendant's second conviction.
The fundamental objective of a court in construing statutory language is to ascertain and give effect to the intent of the legislature as gleaned primarily from the language of the statute itself. Hawaii Public Employment Relations Bd. v. United Public Workers, Local 646, 66 Haw. 461, 667 P.2d 783 (1983); State v. Ui, 66 Haw. 366, 663 P.2d 630 (1983). Furthermore, each part or section of the statute should be construed in connection with every other part or section so as to produce a harmonious whole and to give a sensible and intelli
Page 1 2 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|