No. SCWC-29923 Thursday, April 21, 2011, 9:00 a.m.

STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. CORNELIUS WESLEY DURHAM, Petitioner/Defendant-Appellant.

(Sexual Assault in the Third Degree)

Attorney for Petitioner/Defendant-Appellant:
Leslie K. Iczkovitz

Attorney(s) for Respondent/Plaintiff-Appellee:
Benjamin M. Acob, Prosecuting Attorney; Richard K. Minatoya, Deputy Prosecuting Attorney
 
NOTE:    Order assigning Circuit Court Judge Patrick W. Border due to a vacancy, filed 02/10/11.

NOTE:    Order accepting application for writ of certiorari,  filed 03/18/11.

COURT:    MER, CJ; PAN, SRA, JED, JJ; Circuit Court Judge Patrick W. Border, due to a vacancy.

The above argument will take place in the Supreme Court courtroom on the Second Floor of Aliiolani Hale, 417 South King Street, Honolulu, Hawaii.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Petitioner/Defendant-Appellant Cornelius Wesley Durham (Petitioner) filed an Application for Writ of Certiorari seeking review of the January 11, 2011 judgment of the Intermediate Court of Appeals filed pursuant to its November 24, 2010 Summary Disposition Order.  The circuit court of the second circuit, upon determination that Petitioner violated a term and condition of probation, revoked probation and resentenced Petitioner to a five-year probationary term with one year of imprisonment.  In his Application, Petitioner argues that the circuit court abused its discretion in revoking probation because the court’s findings were unsupported by the evidence, and Petitioner was fully compliant with the conditions of probation.  Additionally, Petitioner contends that, because he was not notified, before or during the hearing, of factual information contained in an ex-parte letter from his probation officer to the court recommending revocation and imprisonment, reversal is required.