State v. Walker

FOR PUBLICATION The plaintiff-appellant State of Hawaii [hereinafter, ""the prosecution""] appeals from the judgment, guilty conviction, probation sentence, and mittimus of the first circuit court, the Honorable Karl K. Sakamoto presiding, filed on December 2, 2003, convicting the defendant-appellee Maurice W. Walker of and sentencing him for the following offenses: (1) promoting a dangerous drug in the third degree, in violation of Hawaii Revised Statutes (HRS) § 712-1243 (1993 & Supp. 2003)1 (Count I); (2) unlawful use of drug paraphernalia, in violation of HRS § 329-43.5(a) (1993)2 (Count II); and (3) terroristic threatening in the second degree, in violation of HRS § 707-717(1) (1993)3 (Count III). The prosecution contends that the circuit court erred (1) in denying the prosecution's motion to sentence Walker to a mandatory minimum term of imprisonment as a repeat offender, in accordance with HRS § 706-606.5 (1993 & Supp. 2003),4 and (2) in sentencing Walker to an illegal sentence of probation, pursuant to HRS § 706-622.5 (Supp. 2003). 5 In the points of of error set forth in its opening brief, the prosecution challenges the circuit court's December 5, 2003 findings of fact (FOFs), conclusions of law (COLs), and order denying its motion for sentencing of repeat offender, specifically FOF No. 4 and COL Nos. 1, 5, 7, and 9 through 20.