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STATE v. FELICIANO

No. 23911.

81 P.3d 1184 (2003)

103 Hawai`i 269

STATE of Hawai`I, Plaintiff-Appellee, v. Raymond FELICIANO, III, Defendant-Appellant.

Supreme Court of Hawai`i.

December 29, 2003.

Attorney(s) appearing for the Case

James S. Gifford (Linda C.R. Jameson on the brief), Deputy Public Defenders, for defendant-appellant.

Alexa D.M. Fujise, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, JJ., and Intermediate Court of Appeals Judge Lim, Assigned by Reason of Vacancy.

Opinion of the Court by ACOBA, J.

We hold that as to a case that predated July 20, 1998, the effective date of amendments to Hawai`i Revised Statutes (HRS) § 706-644 (Supp.1997), a free standing order of restitution (FSO) could have been separately and independently imposed at the time of a defendant's original sentencing, in addition to any other sentence such as probation or imprisonment. However, a FSO could not be imposed as a modification of a probation...

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