STATE v. KECK

Full title: STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Paul A. KECK…

Court: Supreme Court of Hawaii

Date published: Oct 4, 2006

143 P.3d 1290 (Haw. 2006)

143 P.3d 1290

Opinion

No. 27311.

October 4, 2006.

Certiorari to the Intermediate Court of Appeals (CR. No. 04-1-1525).

Earle A. Partington, Honolulu, on the application, for petitioner/defendant-appellant.

LEVINSON, J., for the majority;¹ with ACOBA, J., Concurring Separately and Dissenting, with whom DUFFY, J., Joins.

1 Considered by: Moon, C.J., Levinson and Nakayama, JJ.; with Acpba, J., concurring separately and dissenting, with whom Duffy, J., joins.

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

STEVEN H. LEVINSON, Associate Justice.

Petitioner/Defendant-Appellant Paul A. Keek's application for writ of certiorari, filed on September 14, 2006, is hereby rejected.

Concurrence and Dissent by ACOBA, J., in which DUFFY, J., joins.

I concur in part, but I dissent as to the extended term sentences issue. As to that issue, I would grant certiorari. See State v. White, 110 Hawai`i 79, 91, 129 P.3d 1107, 1119 (2006) (Acoba, J., dissenting, joined by Duffy, J.) (Because "[t]he Ninth Circuit's . . . decision [in Kaua v. Frank, 436 F.3d 1057 (9th Cir.2006)] has in large part undercut the . . . `intrinsic-extrinsic fact' distinction [in State v. Rivera, 106 Hawai`i 146, 102 P.3d 1044 (2004), cert, denied, ___ U.S. ____, 126 S.Ct. 45, 163 L.Ed.2d 78 (2005),] and the two-step sentencing process[,] . . . the availability of federal habeas proceedings and the resulting impact on the parties and both state and federal courts makes a reexamination of our extended-term sentencing decisions even more imperative.")