State v. Oili ( 2021 )


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  •   NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    Electronically Filed
    Intermediate Court of Appeals
    CAAP-XX-XXXXXXX
    22-DEC-2021
    09:14 AM
    Dkt. 61 SO
    NOS. CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, AND CAAP-XX-XXXXXXX
    IN THE INTERMEDIATE COURT OF APPEALS
    OF THE STATE OF HAWAI#I
    CAAP-XX-XXXXXXX
    STATE OF HAWAI#I, Plaintiff-Appellee, v.
    BRONSON OILI, Defendant-Appellant
    (CASE NO. 3PC141000474)
    CAAP-XX-XXXXXXX
    STATE OF HAWAI#I, Plaintiff-Appellee, v.
    BRONSON OILI, Defendant-Appellant
    (CASE NO. 3PC111000388)
    CAAP-XX-XXXXXXX
    STATE OF HAWAI#I, Plaintiff-Appellee, v.
    BRONSON OILI, Defendant-Appellant
    (CASE NO. 3CPC-XX-XXXXXXX)
    APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
    SUMMARY DISPOSITION ORDER
    (By:    Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)
    In this consolidated appeal,1 Defendant-Appellant
    Bronson Oili (Oili) appeals from the (1) Order of Resentencing
    (Case No. 3PC141000474), entered on October 19, 2020; (2) Amended
    Order of Resentencing (Case No. 3PC111000388), entered on
    October 20, 2020; and (3) Order of Resentencing (Case No. 3CPC-
    1
    Oili filed Notices of Appeal on November 16, 2020 in CAAP-XX-XXXXXXX,
    CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX. This Court consolidated the appeals
    under CAAP-XX-XXXXXXX on November 26, 2021.
    NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    XX-XXXXXXX), entered on October 19, 2020 [collectively,
    Resentencing Orders] by the Circuit Court of the Third Circuit.2
    Oili contends that the Circuit Court abused its
    discretion by (1) denying his request to continue the
    resentencing matters in light of a potential settlement on an
    unrelated pending criminal charge and (2) failing to articulate
    its reasoning for imposing a consecutive sentence.
    Upon careful review of the record and the briefs
    submitted by the parties and having given due consideration to
    the arguments advanced and the issues raised by the parties, we
    resolve Oili's points of error as follows.
    On June 4, 2019, the Plaintiff-Appellee State of
    Hawai#i filed its Motion to Revoke Probation after Oili's
    conviction on three previous criminal matters.            The Circuit Court
    issued its Finding of Facts, Conclusions of Law and Order
    Granting Motion for Revocation of Probation and to Resentence.3
    Therein the Circuit Court found that Oili knowingly, voluntarily,
    and intelligently stipulated that he had violated the terms of
    his probation by, inter alia, (1) failing to report to his
    probation officer on May 21, 2019, (2) being non-clinically
    discharged from substance abuse treatment, and (3) failing to
    submit a urine sample which constituted a positive finding.              The
    Circuit Court thus concluded that Oili inexcusably failed to
    comply with substantial terms and conditions of probation.
    2
    The Honorable Peter K. Kubota presided.
    3
    The Motion for Revocation of Probation and to Resentence was granted
    by The Honorable Jeffrey A. Hawk.
    2
    NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    On October 16, 2020, the Circuit Court held a
    resentencing hearing on the three criminal matters and a pending
    criminal case in Case No. 3CPC-XX-XXXXXXX.4           At the hearing, Oili
    requested a continuance on the resentencing matter to negotiate
    an agreement on the pending charge in Case No. 3CPC-XX-XXXXXXX.
    The Circuit Court denied the request and imposed sentence on the
    three underlying criminal matters.         The Circuit Court sentenced
    Oili to five years in Case No. 3PC141000474, five years in Case
    No. 3CPC-XX-XXXXXXX, and ten years in Case No. 3PC111000388.               The
    ten-year term was ordered to run consecutively with the five-year
    terms, for a total of fifteen years.
    Oili argues that the Circuit Court abused its
    discretion because it did not state its reasoning as to why it
    imposed consecutive sentences.        The State agrees and recommends
    the case be remanded for resentencing.          We have considered the
    State's concession of error, and upon our review, the concession
    is supported both by the record in this case and the law.              See
    State v. Eduwensuyi, 141 Hawai#i 328, 337, 
    409 P.3d 732
    , 741
    (2018) (explaining that the State's concession, "although not
    binding on an appellate court, is entitled to great weight"
    (citation and internal quotation marks omitted)).            We hold that
    the Circuit Court abused its discretion because it failed to
    state on the record the reasons why it imposed a consecutive
    sentence.
    The appellate courts review a sentencing decision under
    the abuse of discretion standard.
    4
    In pending Case No. 3CPC-XX-XXXXXXX, Oili was charged with Reckless
    Endangering in the First Degree, in violation of Hawaii Revised Statutes ( HRS)
    § 707-713(1) (1993).
    3
    NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    [A] sentencing judge generally has broad discretion in
    imposing a sentence. . . . And, "[g]enerally, to constitute
    an abuse it must appear that the court clearly exceeded the
    bounds of reason or disregarded rules or principles of law
    or practice to the substantial detriment of a party
    litigant."
    State v. Hussein, 122 Hawai#i 495, 503, 
    229 P.3d 313
    , 321 (2010)
    (citations omitted).
    HRS § 706-668.5 (Supp. 2015) provides courts with the
    discretion to impose consecutive or concurrent sentences.               See
    id. at 502, 229 P.3d at 320.        This statute requires the court to
    consider the sentencing factors enumerated in HRS § 706-606
    (1993).5   But, the court is not required to explain its
    conclusions as to every factor listed in HRS § 706-606.               See Lewi
    v. State, 145 Hawai#i 333, 350–51, 
    452 P.3d 330
    , 347–48 (2019).
    It is presumed that a sentencing court will have considered all
    factors before imposing concurrent or consecutive terms of
    imprisonment under HRS § 706-606.         Id.   However, the court must
    5
    The court, in determining the particular sentence to be imposed,
    shall consider:
    (1) The nature and circumstances of the offense and the
    history and characteristics of the defendant;
    (2) The need for the sentence imposed:
    (a)   To reflect the seriousness of the offense, to
    promote respect for law, and to provide just
    punishment for the offense;
    (b)   To afford adequate deterrence to criminal
    conduct;
    (c)   To protect the public from further crimes of the
    defendant; and
    (d)   To provide the defendant with needed educational
    or vocational training, medical care, or other
    correctional treatment in the most effective
    manner;
    (3) The kinds of sentences available; and
    (4) The need to avoid unwarranted sentence disparities among
    defendants with similar records who have been found guilty
    of similar conduct.
    HRS § 706-606.
    4
    NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    "state on the record at the time of sentencing the reasons for
    imposing a consecutive sentence."     Hussein, 122 Hawai#i at 510,
    229 P.3d at 328.
    Here, the Circuit Court's basis for proceeding with
    sentencing can be summarized as Oili's history of "getting in
    trouble in [] 2014, then 2017 and now again 2020."      After delving
    into Oili's probation violations and ongoing misconduct, the
    Circuit Court stated, "[b]ut as far as sentencing, um, it's time
    already. You know, you had chances. It's time so I'm going to
    impose the sentence."   (Emphasis added.)    A reasonable inference
    from this statement is that Oili's prior acts were used by the
    Circuit Court to find that it would not delay imposing a
    sentence.    But, the Circuit Court did not discuss any factors or
    link its statement with the statutory factors to satisfy Hussein.
    See e.g., State v. Kong 131 Hawai#i 94, 101, 
    315 P.3d 720
    , 727
    (2013) (holding that the circuit court did not abuse its
    discretion because its statement identified the specific facts or
    circumstances within the range of statutory factors the court
    considered, and provided the conclusion drawn by the court from
    consideration of all the facts that pertained to the statutory
    factors); State v. Garcia, 133 Hawai#i 510, 
    331 P.3d 488
    ,
    No. CAAP-XX-XXXXXXX, 
    2014 WL 3796889
     at *9-10 (App. Jul. 31,
    2014) (mem.) (noting that the circuit court could have done a
    better job at stating its reasons for a consecutive sentence but
    sufficiently met the requirements of Hussein).
    Instead, the Circuit Court's only reference to why a
    consecutive sentence was appropriate was because of a prior
    agreement that Oili and the State reached regarding his
    5
    NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
    supervised release.   This reasoning does not reflect any analysis
    of the statutory factors.
    In conclusion, we hold that the Circuit Court did not
    state its reasoning as required by Hussein to (1) identify the
    facts and circumstances within the range of statutory factors it
    should have considered and (2) confirm that the decision was
    deliberate, rational, and fair.    See Lewi, 145 Hawai#i at 350–51,
    452 P.3d at 347–48.   Having held that the Circuit Court abused
    its discretion in resentencing Oili, we need not decide the
    remaining point of error.
    Therefore, IT IS HEREBY ORDERED that the Order of
    Resentencing, entered on October 19, 2020; Amended Order of
    Resentencing, entered on October 20, 2020; and Order of
    Resentencing entered on October 19, 2020, in the Circuit Court of
    the Third Circuit are vacated and this case is remanded for
    resentencing consistent with this Summary Disposition Order.
    DATED:   Honolulu, Hawai#i, December 22, 2021.
    On the briefs:                        /s/ Keith K. Hiraoka
    Presiding Judge
    Evans M. Smith,
    for Defendant-Appellant.              /s/ Karen T. Nakasone
    Associate Judge
    Shannon M. Kagawa,
    Deputy Prosecuting Attorney,          /s/ Sonja M.P. McCullen
    County of Hawai#i,                    Associate Judge
    for Plaintiff-Appellee.
    6
    

Document Info

Docket Number: CAAP-20-0000709

Filed Date: 12/22/2021

Precedential Status: Precedential

Modified Date: 12/22/2021