State v. Agdinaoay
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The Supreme Court held that courts cannot impose imprisonment exceeding the statutory threshold for a probationary sentence and also conditions of probation, and therefore, Defendant's sentence in this case was unlawful.
Defendant pled no contest to violating a temporary restraining order. The family court sentenced Defendant to 181 days in prison and ordered him to complete a domestic violence intervention program (DVI). On appeal, Defendant argued that the family court erred in sentencing him to both serve 181 days and complete DVI because imposing DVI without probation violates Haw. Rev. Stat. Stat. 706-624(2)(a). The Supreme Court agreed and vacated the family court's sentence, holding that because a misdemeanor defendant sentenced to imprisonment exceeding 180 days cannot also receive a probationary sentence, and because DVI cannot be imposed except as a condition of probation, the family court imposed an unlawful sentence in this case.
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