NO. 28236 – Thursday, June 5, 2008 – 9:00 a.m.

STATE OF HAWAI’I, Respondent/Plaintiff-Appellee, vs. ANDREW K. KAMANA’O, Petitioner/Defendant-Appellant.
(Burglary in the First Degree)

Attorney(s) for Petitioners/Defendants-Appellant(s)
Mary Ann Barnard

Attorney(s) for Respondents/Plaintiffs-Appellee(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Donn R. Fudo, Deputy Prosecuting Attorney, City & County of Honolulu

COURT: RTYM, CJ; SHL, PAN, SRA & JED, JJ.

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Brief description:

Petitioner/Defendant-Appellant Andrew K. Kamana’o was convicted of two counts of rape in the first degree and one count of sodomy in the first degree and sentenced to twenty years’ imprisonment on each count. Based on Petitioner’s status as a repeat offender, the circuit court additionally imposed a mandatory minimum term of five years’ imprisonment on each count. The circuit court ordered that the sentences for one of the rape counts and the sodomy count were to run consecutively to each other, but concurrently with the other count of rape. The Intermediate Court of Appeals (ICA) affirmed Petitioner’s conviction and sentence. In his application for certiorari, Kamana’o argues that (1) the ICA erred in holding that the repeat offender sentencing statute authorizes the imposition of consecutive maximum terms of imprisonment and (2) this holding violated the due process and ex post facto clauses of the federal and state constitutions.