Batalona v. State

At issue was whether the Intermediate Court of Appeals’ (ICA) judgment on appeal, entered pursuant to its memorandum opinion affirming the circuit court’s order granting in part and denying in part Appellant’s petition for postconviction relief, was proper.In this case, a judge, rather than a jury, determined in 2004 that Appellant’s extended term sentence was necessary for the protection of the public, which was contrary to the Supreme Court’s holding in Flubacher v. State, 414 P.3d 161 (Haw. 2018). Therefore, the Court concluded that Appellant’s extended term sentence was imposed in an illegal manner. Therefore, the Supreme Court vacated in part the ICA’s judgment on appeal as to the extended term sentence, vacated in part the circuit court’s order as to the extended term sentence, and remanded this case for further proceedings. As to the other issues discussed in the ICA’s memorandum opinion and judgment on appeal were not before the Court, the Court did not disturb the ICA’s conclusions as to those other issues. View "Batalona v. State " on Justia Law