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State v. Montalvo

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
May 31, 2017
NO. CAAP-16-0000198 (Haw. Ct. App. May. 31, 2017)

Opinion

NO. CAAP-16-0000198

05-31-2017

STATE OF HAWAI'I, Plaintiff-Appellee, v. CLARENCE L. MONTALVO, III, Defendant-Appellant.

On the briefs: Shawn A. Luiz for Defendant-Appellant. Richard K. Minatoya Deputy Prosecuting Attorney County of Maui for Plaintiff-Appellee.


NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 07-1-0686) SUMMARY DISPOSITION ORDER
(By: Nakamura, Chief Judge, and Fujise and Reifurth, JJ.)

Defendant-Appellant Clarence L. Montalvo III (Montalvo) appeals from the post-judgment "Order Denying Defendant Clarence L. Montalvo Ill's Motion for Reduction of Sentence" (Order Denying Reduction of Sentence) that was filed on February 22, 2016, in the Circuit Court of the Second Circuit (Circuit Court). We affirm.

In his notice of appeal, Montalvo also lists the Circuit Court's "Order Granting Motion to Execute Sentence" filed on February 22, 2016, and its "Order Denying Defendant Clarence L. Montalvo III's Motion for Second Stay of Execution of Sentencing Pending Appeal" filed on February 23, 2016, as post-judgment orders from which he appeals. However, Montalvo does not raise a challenge to these orders in his briefing on appeal, and we therefore do not address them in this appeal.

I.

After a jury trial, Montalvo was found guilty of the included offense of third-degree negligent homicide. The Circuit Court sentenced Montalvo to a term of probation subject to the special condition that he serve six months of imprisonment. Montalvo appealed from his "Judgment of Conviction and Probation Sentence" (Judgment). In that appeal, Montalvo challenged his conviction, but did not separately challenge his sentence. This court affirmed the Circuit Court's Judgment, State v. Montalvo, No. CAAP-12-0000027, 2015 WL 4067178 (Hawai'i App. Jun. 30, 2015) (SDO), and the Hawai'i Supreme Court denied Montalvo's application for writ of certiorari. State v. Montalvo, SCWC-12-0000027 (Hawai'i Oct. 20, 2015).

After the supreme court denied certiorari, Montalvo filed a Motion for Reduction of Sentence in the Circuit Court. The Circuit Court held a hearing on Montalvo's motion, at which both Montalvo and Plaintiff-Appellee State of Hawai'i (State) presented witnesses. The Circuit Court denied Montalvo's motion for reduction of sentence and filed its Order Denying Reduction of Sentence.

The Honorable Rhonda I.L. Loo presided.

II.

In this appeal, Montalvo contends that the Circuit Court abused its discretion in denying his motion for reduction of sentence. We disagree. The record does not support Montalvo's claim that the Circuit Court "refused to appropriately consider" the testimony presented at the hearing. Contrary to Montalvo's claim, the record shows that the Circuit Court fully considered the testimony presented at the hearing by both Montalvo and the State. After considering that testimony as well as relevant facts and circumstances of the case, the Circuit Court decided that a reduction of Montalvo's sentence was not warranted. The Circuit Court provided a detailed explanation of its reasons for denying Montalvo's motion for reduction of sentence, and we conclude that the Circuit Court clearly acted within its discretion in denying the motion. See State v. Tauiliili, 96 Hawai'i 195, 198, 29 P.3d 914, 917 (2001) (reviewing sentencing matters for plain and manifest abuse of discretion).

Based on the foregoing, we affirm the Circuit Court's Order Denying Reduction of Sentence.

DATED: Honolulu, Hawai'i, May 31, 2017. On the briefs:
Shawn A. Luiz for Defendant-Appellant. Richard K. Minatoya Deputy Prosecuting Attorney County of Maui for Plaintiff-Appellee.

/s/

Chief Judge

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Associate Judge

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Associate Judge


Summaries of

State v. Montalvo

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
May 31, 2017
NO. CAAP-16-0000198 (Haw. Ct. App. May. 31, 2017)
Case details for

State v. Montalvo

Case Details

Full title:STATE OF HAWAI'I, Plaintiff-Appellee, v. CLARENCE L. MONTALVO, III…

Court:INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: May 31, 2017

Citations

NO. CAAP-16-0000198 (Haw. Ct. App. May. 31, 2017)