 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Tom4/11/1988
entence to that provided within the statute, the language of the DUI statute is sufficiently clear in mandating the sentence to be imposed. The analogy of Rice to the case at bar is especially apt as both statutes involve an enhanced sentencing scheme for multiple offenses.
The trial court also denied the plea on the basis of the sentencing scheme in the DUI statute. HRS § 853-1(b) provides that " he proceedings may be deferred upon any of the conditions specified by § 706-624 [conditions of suspension of sentence or probation]. The court may defer the proceedings for such period of time as the court shall direct but in no case to exceed the maximum sentence allowable." (Emphasis added). Under HRS § 291-4 the maximum sentence permitted is six months. Thus, any conditions accompanying the DANC plea could last for only six months. The DUI statute provides for an enhanced sentencing scheme for multiple offenses within a five year period. A repeat offender given a DANC plea on the first offense could thus escape enhanced sentencing under the DUI statute by committing a second offense after DANC jurisdiction had expired but within the five year period of the DUI sentencing scheme. This result would contravene the recognized serious nature of a DUI offense. State v. Leatiota, 69 Haw. , 739 P.2d 930 (1987).
We find no error of law by the trial court and affirm the denial of the DANC plea.
Affirmed and remanded for execution of sentence.
Disposition
Affirmed and remanded for execution of sentence.
|