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State v. Perry

Supreme Court of Hawaii
Jun 13, 2002
23875 (Haw. Jun. 13, 2002)

Opinion

23875

June 13, 2002.

APPEAL FROM THE SECOND CIRCUIT COURT (CR. NO. 96-0309)

On the briefs:

Verdine Kong for defendant-appellant

Simone C. Polak, Deputy Prosecuting Attorney, for plaintiff-appellee

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ.


SUMMARY DISPOSITION ORDER


Defendant-appellant Lawrence Perry appeals from the amended judgment and sentence of the circuit court of the second circuit, the Honorable Rhonda I. L. Loo presiding, resentencing Perry to a term of imprisonment of twenty years for conviction of sexual assault in the first degree, one year for each of three misdemeanor convictions to run concurrently, and ten years for conviction of sexual assault in the second degree to run consecutively. On appeal, Perry argues that (1) the resentencing court abused its discretion by imposing consecutive terms and (2) the resentencing judge exceeded her statutory authority because district court judges do not have authority to sentence convicted felons.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments made and the issues raised by the parties, we hold that the sentence imposed by the resentencing court was not an abuse of discretion and that the Honorable Rhonda I. L. Loo was vested with the authority to resentence Perry.

THEREFORE, IT IS HEREBY ORDERED that the circuit court's judgment of conviction is affirmed.


Summaries of

State v. Perry

Supreme Court of Hawaii
Jun 13, 2002
23875 (Haw. Jun. 13, 2002)
Case details for

State v. Perry

Case Details

Full title:STATE OF HAWAI`I, Plaintiff-Appellee v. LAWRENCE PERRY, Defendant-Appellant

Court:Supreme Court of Hawaii

Date published: Jun 13, 2002

Citations

23875 (Haw. Jun. 13, 2002)