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Q: Hawaian Law ( No Answer,   1 Comment )
Question  
Subject: Hawaian Law
Category: Miscellaneous
Asked by: butch4-ga
List Price: $10.00
Posted: 18 Mar 2004 06:51 PST
Expires: 17 Apr 2004 07:51 PDT
Question ID: 317935
My son was wrongly accused of a sex crime , he was sentance for 20
years and is in prison in Hawaii , however he NEVER had a convection
of ANY kind. I believe he was set up and railroaded. There is a law in
Hawaii that you have to have two crimes against you to geta long
sentance??? That is what I am trying to find out. Thank you.

Request for Question Clarification by tutuzdad-ga on 18 Mar 2004 06:56 PST
Perhaps if we knew the precise crime he was convicted of we could find
out if the sentencing was consistent with state guidelines. You may
also want to briefly summarize his prior criminal history if he has
one.

regards;
tutuzdad-ga

Clarification of Question by butch4-ga on 18 Mar 2004 08:07 PST
Counts I,II,VII Sexual assault in the first degree
(section 707-730 (1)(b),,H.R.S.)
Counts in - VI sexual assault in the third degree (section 707-732 (1) (b)
H.R.S.)
------------------------------------------------------------------------
He NEVER had any felonies of any kind in his whole life.
------------------------------------------------------------------------
He had amotion for judgment of acquital or in the alternative for a new trial.

Request for Question Clarification by tutuzdad-ga on 18 Mar 2004 08:34 PST
The only thing I could find that might be related to the long sentence
is House Bill 1497 wihch mandates extended term sentences for repeat
violent and sexual offenders (effective July 6, 1999)

HB1497 HD1 SD1 CD1 (CCR 89)
http://www.capitol.hawaii.gov/session1999/acts/Act286_hb1497.htm

While the convicted person may not have been a repeat offender perhaps
this was applied due to the fact that more than one charge existed.

Maybe someone else can find more on this.

regards;
tutuzdad-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: Hawaian Law
From: nelson-ga on 19 Mar 2004 13:06 PST
 
I strongly suggest filing an appeal if not already done.

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