STATE v. KAHAWAI

No. 25101.

83 P.3d 725 (2004)

103 Hawai`i 462

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Margaret H. KAHAWAI, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

February 6, 2004.


Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the application for petitioner/defendant-appellant.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by ACOBA, J.

We hold that a sentencing court may not impose discretionary conditions of probation pursuant to Hawai`i Revised Statutes (HRS) § 706-624(2) (1993) unless there is a factual basis in the record indicating that such conditions "are reasonably related to the factors set forth in [HRS § ] 706-606" and insofar as such "conditions involve only deprivations of liberty or property[,]" that...

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