No. CAAP-23-0000409, Wednesday, June 26, 2024, 10 a.m.

STATE OF HAWAIʻI, Plaintiff-Appellee, vs. KAMALEI WILBUR-DELIMA, Defendant-Appellant.

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The above-captioned case was set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument was also livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ʻŌlelo Community Television olelo.org/tv-schedule/.

Attorneys for Defendant-Appellant KAMALEI WILBUR-DELMA:

     Benjamin E. Lowenthal and Sara K. Haley, Deputy Public Defenders

Attorney for Plaintiff-Appellee STATE OF HAWAIʻI in 1PC151000955, 1PC151001978 and 1PC161001506:

     Robert T. Nakatsuji, Deputy Prosecuting Attorney

Attorney for Plaintiff-Appellee STATE OF HAWAIʻI in 1PC151001274:

     Michelle M.L. Puu, Deputy Attorney General

NOTE:     Order granting motion to continue oral argument from 05/22/24 to 06/26/24 at 10:00 a.m., filed 04/29/24

COURT:    Leonard, Acting C.J., Hiraoka, and Wadsworth, JJ.

Brief Description:

Defendant-Appellant Kamalei Wilbur-Delima (Wilbur-Delima) appeals from the May 26, 2023 Orders Denying Wilbur-Delima’s Motion to Correct Illegal Sentence (Orders Denying Motion to Correct) entered by the Circuit Court of the First Circuit (Circuit Court).  Wilbur-Delima also challenges the Circuit Court’s December 13, 2022 Orders of Resentencing, Revocation of Probation (Orders of Resentencing), and April 10, 2023 Findings of Fact; Conclusions of Law; Order Denying Wilbur-Delima’s Motions to Correct Illegal Sentence.  The Orders of Resentencing revoked Wilbur-Delima’s probation, and resentenced him to an indeterminate term of ten years imprisonment in 1PC151000955, and indeterminate five-year terms in 1PC151001274, 1PC151001978, and 1PC161001506, all to be served concurrently.

On February 13, 2023, Wilbur-Delima filed Motions to Correct Illegal Sentence (Motions to Correct), arguing that prior to the Circuit Court’s Orders of Resentencing, his probation expired, and he was no longer under the court’s jurisdiction.  The Circuit Court denied the Motions to Correct on the grounds that motions filed by the State tolled his probation, extending the court’s jurisdiction over Wilbur-Delima.

On appeal, Wilbur-Delima contends that the Circuit Court erred in: (1) ignoring and/or overruling prior orders modifying Wilbur-Delima’s probation that did not extend his concurrent four-year terms of probation, and sentencing him to an indeterminate prison term; and (2) denying Wilbur-Delima’s Motions to Correct and finding that Wilbur-Delima was still on probation and under the court’s jurisdiction on November 23, 2021, when the State moved to, inter alia, revoke probation.