Preble v. StateAnnotate this Case
The Supreme Court held in this criminal case that pursuant to its recent decision in Flubacher v. State, 414 P.3d 161 (Haw. 2018), Petitioner was entitled to relief under Hawai’i Rules of Penal Procedure (HRPP) Rule 40.
Petitioner was found guilty of three counts of first-degree sexual assault and eight counts of third-degree sexual assault. The court sentenced Petitioner to extended terms of imprisonment under the multiple offender statute, Haw. Rev. Stat. 706-662(4)(a). In his amended Rule 40 petition, Petitioner argued that his extended term sentences were “illegal sentences” under Apprendi v. New Jersey, 530 U.S. 446 (2000). The Supreme Court agreed, holding that because the findings of fact in support of imposing extended terms were made by the judge, rather than a jury, Petitioner’s extended term sentences were imposed in an illegal manner.