Lewi v. StateAnnotate this Case
The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) affirming the circuit court's order denying Petitioner's petition to vacate, set aside, or correct judgment or to release Petitioner from custody, holding that Petitioner's Haw. R. Pen. P. 40 petition stated a colorable claim that the Hawai'i Paroling Authority (HPA) violated his due process rights.
Petitioner pleaded guilty to manslaughter and firearms offenses. In his Rule 40 petition, Petitioner argued that the HPA arbitrarily and capriciously determined that he was a Level III offender for purposes of calculating his minimum term of imprisonment on his manslaughter conviction. The circuit court denied the petition without holding a hearing. The ICA affirmed. The Supreme Court vacated the judgment in part and remanded the case, holding (1) Petitioner raised a colorable claim that the HPA arbitrarily and capriciously maintained Petitioner's level of punishment at Level III on the manslaughter conviction; and (2) Petitioner raised a colorable claim that the circuit court provided inadequate reasons for imposing consecutive sentences.