 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Smith12/26/2003
946 (internal citations and quotation signals omitted) (emphasis added). Thus, we have noted that our "sole duty is to give effect to the statute's plain and obvious meaning.'" Id. (internal citations and quotation signals omitted) (emphasis added). More specifically, this court has repeatedly employed a plain-language analysis in interpreting statutes that contain the phrase, " otwithstanding any other law to the contrary . . . ." See State v. Hamili, 87 Hawaii 102, 105, 952 P.2d 390, 393 (1998) (reaffirming this court's holding in State v. Rice, infra); State v. Dannenberg, 74 Haw. 75, 80, 837 P.2d 776, 778 (1992) (reaffirming this court's holding in Rice, infra); State v. Mun Chung Tom, 69 Haw. 602, 604, 752 P.2d 597, 598 (1988) (analogizing the language of the driving under the influence (DUI) statute to the wording of the prostitution statute, infra, and noting that "the language of the DUI statute [(i.e., a person convicted 'shall be sentenced as follows without possibility of probation')] is sufficiently clear in mandating the sentence to be imposed"); State v. Rice, 66 Haw. 101, 657 P.2d 1026 (1983) (holding that, where the prostitution statute provides " otwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows[,]" the phrase "'any other law to the contrary' . . . tak away [the trial court's] power to grant deferred acceptance of guilty pleas in prostitution cases").
In the present matter, HRS § 706-606.5(1) states that the repeat offender statute applies " otwithstanding . . . any other law to the contrary . . . ." See supra note 3. Although HRS § 706-622.5 does contain a similar phrase, the language of the first-time drug offender statute, as compared to the foregoing wording of the repeat offender statute, is markedly narrower in scope: "Notwithstanding any penalty or sentencing provision under part IV of chapter 712 . . . ." See supra note 4 (emphasis added). Thus, inasmuch as the plain and unambiguous language of HRS § 706-606.5 requires application of the repeat offender statute over "any other law to the contrary," we hold that the circuit court did not err in sentencing Smith as a repeat offender pursuant to HRS § 706-606.5. Furthermore, we hold that, in all cases in which HRS § 706-606.5 is applicable, including those in which a defendant would otherwise be eligible for probation under HRS § 706-622.5, the circuit courts must sentence defendants pursuant to the provisions of HRS § 706-606.5.
IV. CONCLUSION
In light of the foregoing, we affirm the circuit court's judgment of conviction and sentence.
Page 1 2 3 4 5 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|