State v. Thompson
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The Supreme Court vacated the intermediate court of appeals' judgment on appeal (ICA) inasmuch as the opinion implicitly affirmed the circuit court's calculation at resentencing of Defendant's credit for time served under his 2001 sentence without accurately applying Haw. Rev. Stat. 706-671(2), holding that Defendant's 2017 resentencing failed to give him full credit for time he served on his 2001 sentence.
In 2001, Defendant was convicted and sentenced for seven counts of sexual assault in the first degree and other offenses. Defendant later filed a habeas corpus petition, which the federal district court granted. The court vacated Defendant's 2001 sentence and remanded for resentencing, holding that the 2001 sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000). In 2017, Defendant was resentenced. On appeal, Defendant argued that the circuit court erred in calculating his credit for time served. The Supreme Court agreed, holding that the circuit court erred in calculating Defendant's credit for time served.
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