Flubacher v. StateAnnotate this Case
Hawaii’s extended term sentencing scheme was invalid based on the holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), because the sentencing scheme allowed a judge, rather than a jury, to determine facts that resulted in extended sentences.
In the instant case, Appellant pled guilty to various offenses in multiple cases and was sentenced to extended term sentences. The sentences became final in 2003. In 2014, Appellant filed a petition for post-conviction relief, arguing that his sentence was illegal because a judge, rather than a jury, found a relevant fact used to enhance his sentence in violation of Apprendi. The circuit court denied the petition. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and remanded the case to the circuit court, holding that Appellant’s extended term sentences were imposed in an illegal manner.