STATE v. MAUGAOTEGA
Oct. 1, 2007 (No. 26657)
OPINION OF THE COURT BY LEVINSON, J.
On February 20, 2007, on petition for a writ of certiorari, the United States Supreme Court vacated the judgment of this court in State v. Maugaotega, 107 Hawai‘i 399, 114 P.3d 905 (2005) (Maugaotega I), in which this court affirmed the defendant-appellant Miti Maugaotega, Jr.'s extended terms of imprisonment, and ordered that we reconsider Maugaotega's appeal in light of Cunningham v. California, 549 U.S. ___, 127 S. Ct. 856 (2007). Maugaotega v. Hawai‘i, 549 U.S. ___, 127 S. Ct. 1210 (2007).
For the reasons discussed infra, we vacate Maugaotega's original extended term sentences and remand to the circuit court for non-extended term sentencing. . . .
Concurring and dissenting Opinion by J. Acoba, with whom J. Duffy joins [pdf].
