(DOWNLOAD) "State V. Tafoya" by Hawaii Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Tafoya
- Author : Hawaii Supreme Court
- Release Date : January 27, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Defendant-appellant Elmo Joe Tafoya, Jr. appeals his conviction and sentence of one count of assault in the second degree. On appeal, Tafoya asserts that (1) he was denied the effective assistance of counsel at his trial and (2) there was insufficient evidence presented at his sentencing hearing to warrant the imposition of an extended term of imprisonment pursuant to Hawaii Revised Statutes (HRS) § 706-662(5) (Supp. 1998). We affirm Tafoya's conviction. However, we agree that the extended term of imprisonment was improperly imposed. Therefore, we reverse the circuit court's imposition of an enhanced sentence, vacate the sentence imposed, and remand for resentencing without enhancement.