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STATE v. HUSSEIN

No. 28617.

229 P.3d 313 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Lillian M. HUSSEIN, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

As Corrected April 28, 2010.

Attorney(s) appearing for the Case

Mary Ann Barnard, Honolulu, on the application and briefs for petitioner/defendant-appellant.

Stephen K. Tsushima, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief for respondent/plaintiff-appellee.

ACOBA and DUFFY, JJ., and Circuit Judge POLLACK, Assigned by Reason of VACANCY; and MOON, C.J., Concurring Separately and Dissenting, With Whom NAKAYAMA, J., Joins.

Opinion of the Court by ACOBA, J.

We hold that (1) imposing a prison sentence consecutively to "any sentence" of a prior conviction pursuant to Hawai`i Revised Statutes (HRS) § 706-606.5(5) (Supp.2006),1 including the lesser of such sentences, is a novel, but accurate, view of the statute; (2) henceforth, the circuit court must state its reasons for imposing a consecutive as opposed to a...

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