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STATE v. BAROZA

Nos. 9913, 9714 and 9666.

706 P.2d 1304 (1985)

STATE of Hawaii, Plaintiff-Appellant, v. Wayne P. BAROZA, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellee, v. Arthur P. NAKI, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Louie David FOCHT, Defendant-Appellant, and Wendell Nicholas Miguel, Defendant.

Supreme Court of Hawaii.

September 25, 1985.

Attorney(s) appearing for the Case

Ted Baker, Deputy Pros. Atty. (Arthur E. Ross, Deputy Pros. Atty., on briefs), for State.

Richard Pollack, Deputy Public Defender (Alvin T. Sasaki and Gregory K. Tanaka, Deputy Public Defenders, with him on briefs), for Baroza, Naki and Focht.

Before LUM, C.J., NAKAMURA, PADGETT and WAKATSUKI, JJ., and JAMES S. BURNS, Intermediate Court of Appeals Chief Judge, in place of HAYASHI, J., recused.

PADGETT, Judge.

These three cases, which were consolidated here, involve a common question of law. In Baroza, the State had asked for appellee to be sentenced as a repeat offender pursuant to HRS § 706-606.5 and the lower court denied that motion. In Naki and Focht, the same motion was made and the lower court granted the motion.

Under the provisions of HRS § 706-606.5, each of the defendants below would have been sentenced to...

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