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STATE v. SAUFUA

No. 9611.

699 P.2d 988 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Leanoano SAUFUA, also known as Samu Leota, Leota Samu, Leanoano S. Samfuia, and Sole Saufua, Defendant-Appellant.

Supreme Court of Hawaii.

As Amended May 24, 1985.

Attorney(s) appearing for the Case

Richard Pollack, Deputy Public Defender, Honolulu (Lynette Mah, Deputy Public Defender, Honolulu, on the brief), for defendant-appellant.

Willard Peterson, Deputy Pros. Atty., Honolulu (Thalia B.P. Murphy, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

LUM, Chief Judge.

This appeal raises the question whether the mandatory minimum sentencing provisions of Hawaii Revised Statutes (HRS) § 706-606.5, may be imposed consecutive to the terms of imprisonment for the underlying felony convictions. The statute was incorrectly construed by the trial court and we reverse and remand for resentencing.

I.

On October 6, 1983, Appellant was convicted of Robbery in the Second Degree in violation of HRS &...

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