Oral Argument Before the Hawaii Supreme Court–No.SCWC-14-0001195
No. SCWC-14-0001195, Thursday, November 16, 2017, 8:45 a.m.
STATE OF HAWAI I, Respondent/Plaintiff-Appellee, vs. KRISTOPHER KEALOHA, Petitioner/Defendant-Appellant.
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
Ali iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
Attorney for Petitioner:
Shawn A. Luiz
Attorneys for Respondent:
James M. Anderson, Deputy Prosecuting Attorney
NOTE: Order accepting Application for Writ of Certiorari, filed 10/06/17.
COURT: MER, C.J., PAN, SSM, RWP, and MDW, JJ.
In this consolidated appeal, Petitioner Kristopher K. Kealoha (“Kealoha”) seeks review of the Intermediate Court of Appeals’ (“ICA”) April 28, 2017 Summary Disposition Order (“SDO”), which affirmed his convictions in three criminal cases. Kealoha entered guilty pleas in all three cases, pursuant to a plea agreement with the State, to which the circuit court bound itself pursuant to Hawai i Rules of Penal Procedure Rule 11. At sentencing, the circuit court sentenced Kealoha to several concurrent terms of imprisonment, the longest of which was five years, and waived all applicable Crime Victim Compensation fees. The circuit court also ordered Kealoha to pay restitution in two of his three cases.
In his Application for Writ of Certiorari, Kealoha asserts that restitution was not part of his plea agreement with the State, and therefore the ICA erred in upholding the circuit court’s order of restitution. Kealoha argues that restitution is a direct term of his sentence and therefore he should have been informed of it before it was imposed at sentencing. Kealoha’s appellate counsel also seeks review of his request for attorney’s fees.