PERMISSION TO COPY DENTE!
HRS 606.13, ETC.
re
1 IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
2 STATE OF HAWAII ORIGINAL
3
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4 STATE OF HAWAII ) CR. NO. 11-1-0895
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5 vs. )
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6 GERARD PUANA, )
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G, Defendant. )
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8 it x )
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TRANSCRIPT OF PROCEEDINGS
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had before the HONORABLE MICHAEL D. WILSON, Judge
aL Presiding, Sixth Division, on Tuesday, November 19,
i 2013; Motion to Correct Illegal Sentence.
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aa APPEARANCES:
4s KAINA AWONG, ESQ. For State of Hawaii
16 CLARISSA MALINAO, ESQ. For Defendant
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1s
1s
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REPORTED BY:
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MILANI BALLESTEROS, RMR, CRR, CSR #407
24 Official Court Reporter
. Circuit Court of the First Circuit
25 State of Hawaii
OFFICIAL COURT REPORTER
STATE OF HAWATIPERMISSION TO COPY DENIED, HRS 606.13, ETC.
TUESDAY, NOVEMBER 19, 2013 10:00 A.M.
=-90000--
THE BAILIFF: Calling Calendar No. 15, Case
4 No, 11-1-0895, State of Hawaii versus Gerard Puana
5 for Motion to Correct Tllegal Sentence.
6 Counsel, please state your appearance.
c, MR. AWONG: Good morning, Your Honor, Kadina
8 Awong, Deputy Prosecuting Attorney for the State.
9 THE COURT: Morning, Mr. Awong.
10 MS. MALINAO: Good morning, Your Honor.
1 Deputy Public Defender Clarissa Malinao on behalf of
12 Mr. Puana, who is present.
13 THE COURT: Good morning, Ms. Malinao. And
14 good morning, Mr. Puana.
15 THE DEFENDANT: Good morning.
16 THE COURT: All right. I'm interested in
7 your position at this time, I've looked at your
18 materials. Mr. Awong?
19 MR. AWONG: Your Honor, the State rests on
20 its motion. Defendant has received a couple of
22 misdemeanor deferrals prior to being given this
22 felony deferral, and I think some of the problem was
23 they were expunged ultimately so they did not show up
24 on his criminal history, but he does have them, the
25 State did attach the records. So, legally speaking,
OFFICIAL COURT REPORTER
STATE OF HAWAIIPERMISSION TO COPY DENIED, HRS 606.13, ETC.
he was not entitled to another deferral, so the state
would ask that the Court reconsider its
reconsideration -- I mean correct the sentence in
that it is an illegal sentence.
THE COURT: Thank you.
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Ms. Malinao?
MS. MALINAO: well, Your Honor, on behalf of
Mr. Puana, first and foremost, I'd like the record to
be clear that this court did receive our memo in
opposition that was filed on November 15th, 2013. I
did provide a filed copy as well as a faxed filed
copy to the State. In that, it responds specifically
to the State's motion that there's no specific case
law that the State can point out that says that this
court rendered an illegal sentence.
Specifically, the legislative history, as
indicated in our memo in opposition, indicates that
there's nothing that the legislature disallowed by
having a defendant like Mr. Puana, who's been given
two prior no contest pleas, both deferred and
dismissed for being in compliance, is prohibited from
now receiving a deferral for a no contest plea in a
felony. The legislature has not prohibited that
scenario.
Furthermore, I'd like to point out for the
OFFICIAL COURT REPORTER
STATE OF HAWAII