State v. Cattaneo
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The Supreme Court affirmed the judgment of the circuit court denying Appellant's Haw. R. Pen. P. 35(b) motion to reduce his sentence for negligent homicide in the first degree and two drug-related charges, holding that the trial court did not abuse its discretion in denying Appellant's Rule 35(b) motion.
The circuit court imposed two concurrent five-year terms of imprisonment to run consecutively with a ten-year term of imprisonment. In his Rule 35(b) motion, Appellant requested that his five-year sentences run concurrently, rather than consecutively, with his ten-year sentence. The circuit court denied the motion, and the intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed, holding that courts deciding Rule 35(b) motions are not required to consider the Haw. Rev. Stat. 706-606 sentencing factors.
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