State v. Sinagoga

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NO. 22099 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Respondent-Appellee, vs. JOHN E. SINAGOGA, Petitioner-Appellant CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 93-0421) ORDER GRANTING APPLICATION FOR WRIT OF CERTIORARI (By: Moon, C.J., for the court1) Petitioner-appellant John E. Sinagoga s application for writ of certiorari, filed September 22, 2000, is hereby granted. Each party shall file a supplemental brief with respect to the issues raised in the application for certiorari, including but not limited to the following: Whether disallowing Sinagoga to deduct the total time served post-arrest from the period of probation imposed at resentencing, after his successful appeal, conflicts with: (1) the authorized dispositions of convicted defendants set forth in Hawai#i Revised Statutes, chapter 706, parts I, II, and IV (1993); and (2) the 1 Considered by Moon, C.J., Levinson, Nakayama, Ramil, and Circuit Judge Ahn, in place of Acoba, J., recused. -1- double jeopardy clauses of the fifth amendment to the United States Constitution and article I, section 10 of the Hawai#i Constitution. The supplemental briefs shall contain no more than 15 pages and shall be filed no later than 30 days after the date of this order. DATED: Honolulu, Hawai#i, September 28, 2000. FOR THE COURT: Chief Justice -2-

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