NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-APR-2026 08:04 AM Dkt. 40 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
VILISONI MAFI, Petitioner-Appellant, v. STATE OF HAWAIʻI, Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-XX-XXXXXXX (CR. NOS. 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX))
SUMMARY DISPOSITION ORDER (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)
Self-represented Petitioner-Appellant Vilisoni S.
Mafi, also known as Sione Langi and Soni Talo Sekope, appeals
from the Circuit Court of the First Circuit's August 19, 2024
order denying his Hawaiʻi Rules of Penal Procedure (HRPP) Rule 40
"Petition to Vacate, Set Aside, or Correct Judgment or to
Release Petitioner from Custody." 1
1 The Honorable Paul B.K. Wong presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
To the extent we can discern, Mafi contends on appeal
that he does not qualify as a habitual property crime
perpetrator, because "both [the prior] convictions and [the
instant] offences [sic] had to have occurred after the 2016
[amendment to the habitual property crime statute,] which
double[d] the length of time from 5 years to 10." 2
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the issues raised and the arguments advanced, we resolve this
appeal as discussed below and affirm.
Mafi has eleven prior convictions related to theft.
On October 23, 2007, in 1P1070018337, Mafi was convicted of
Theft in the Fourth Degree in violation of Hawaiʻi Revised
Statutes (HRS) § 708-833 (1993), a petty misdemeanor. On
February 17, 2011, in 1PC101001482, Mafi was convicted of six
counts of Theft in the Second Degree in violation of HRS § 708-
831 (Supp. 2006), a class C felony; three counts of Theft in the
Third Degree in violation of HRS § 708-832 (Supp. 2006), a
misdemeanor; and one count of Attempted Theft in the Third
Degree in violation of HRS §§ 705-500 (1993) and 708-832.
2 Although Mafi's two opening briefs do not comport with Hawaiʻi Rules of Appellate Procedure Rule 28, we liberally construe his self-represented filings to promote meaningful access to justice. See, e.g., Erum v. Llego, 147 Hawaiʻi 368, 380, 465 P.3d 815, 827 (2020).
2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
In 2016, the Hawaiʻi State Legislature amended HRS
§ 708-803 (2014 & Supp. 2016), effective July 1, 2016, to
"double[] the length of time from five years to ten years that a
conviction can qualify a person for habitual theft status." 3 HRS
§ 708-803 cmt.
In 2017, a grand jury indicted Mafi in four different
cases with committing Habitual Property Crime in violation of
3 The 2004 version of HRS § 708-803, which Mafi contends ought to have applied to his sentence, provided as follows:
[§708-803] Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense within this chapter.
(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within five years of the instant offense, has convictions for:
(a) Three felonies within this chapter;
(b) Three misdemeanors within this chapter; or
(c) Any combination of three felonies and misdemeanors within this chapter.
The convictions must have occurred on separate dates and be for separate incidents on separate dates.
(3) Habitual property crime is a class C felony.
(4) For a conviction under this section, the sentence shall be either:
(a) An indeterminate term of imprisonment of five years; or
(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment.
(Emphasis added.)
3 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
HRS § 708-803 (2014 & Supp. 2016), alleging Mafi committed four
separate theft offenses, on four separate dates — July 13, 2016;
January 1, 2017; January 30, 2017; and February 4, 2017.
In 2019, pursuant to a plea agreement, Mafi pled
guilty to the four charges of Habitual Property Crime. 4 The
circuit court sentenced Mafi to five years of probation to run
concurrently with any other term being served.
In 2021, the State moved to revoke Mafi's probation as
he admitted to violating various special terms and conditions of
his probation, which the circuit court granted.
In 2023, Mafi filed his HRPP Rule 40 petition. Mafi
raised six grounds for relief, 5 all premised on the argument
that, because his 2007 and 2011 convictions occurred prior to
the 2016 amendment to HRS § 708-803, the 2004 version of HRS
§ 708-803 setting forth a five-year (and not ten-year) "lookback
period" applied.
4 In exchange for pleading guilty in 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, and 1CPC-XX-XXXXXXX, the State agreed to nolle prosequi without prejudice four other theft-related charges in 1CPC-XX-XXXXXXX, 1CPC- XX-XXXXXXX, and 1CPC-XX-XXXXXXX.
5 Mafi's six grounds for relief were: (1) defective indictment, (2) illegal sentence, (3) ineffective assistance of counsel, (4) prosecutorial misconduct, (5) withdraw of guilty plea, and (6) lack of jurisdiction.
4 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Following a hearing, the circuit court denied Mafi's
HRPP Rule 40 petition and entered its findings of fact and
conclusions of law. As relevant to Mafi's appeal, the circuit
court found that when Mafi committed the instant offenses, "the
Window of Prior Convictions was 10 years." The circuit court
also found that Mafi committed the instant offenses between
July 13, 2016, and February 4, 2017; and his prior convictions
were on October 23, 2007, and February 17, 2011; thus,
qualifying him as a habitual property crime perpetrator under
the amended version of HRS § 708-803. Mafi appealed.
As mentioned above, Mafi contends he does not qualify
as a habitual property crime perpetrator, because "both [the
prior] convictions and [the instant] offences [sic] had to have
occurred after the 2016 [amendment to the habitual property
crime statute,] which double[d] the length of time from 5 years
to 10."
"The interpretation of a statute is a question of law.
Review is de novo, and the standard of review is right/wrong."
State v.
Free access — add to your briefcase to read the full text and ask questions with AI
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-APR-2026 08:04 AM Dkt. 40 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
VILISONI MAFI, Petitioner-Appellant, v. STATE OF HAWAIʻI, Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-XX-XXXXXXX (CR. NOS. 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX))
SUMMARY DISPOSITION ORDER (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)
Self-represented Petitioner-Appellant Vilisoni S.
Mafi, also known as Sione Langi and Soni Talo Sekope, appeals
from the Circuit Court of the First Circuit's August 19, 2024
order denying his Hawaiʻi Rules of Penal Procedure (HRPP) Rule 40
"Petition to Vacate, Set Aside, or Correct Judgment or to
Release Petitioner from Custody." 1
1 The Honorable Paul B.K. Wong presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
To the extent we can discern, Mafi contends on appeal
that he does not qualify as a habitual property crime
perpetrator, because "both [the prior] convictions and [the
instant] offences [sic] had to have occurred after the 2016
[amendment to the habitual property crime statute,] which
double[d] the length of time from 5 years to 10." 2
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the issues raised and the arguments advanced, we resolve this
appeal as discussed below and affirm.
Mafi has eleven prior convictions related to theft.
On October 23, 2007, in 1P1070018337, Mafi was convicted of
Theft in the Fourth Degree in violation of Hawaiʻi Revised
Statutes (HRS) § 708-833 (1993), a petty misdemeanor. On
February 17, 2011, in 1PC101001482, Mafi was convicted of six
counts of Theft in the Second Degree in violation of HRS § 708-
831 (Supp. 2006), a class C felony; three counts of Theft in the
Third Degree in violation of HRS § 708-832 (Supp. 2006), a
misdemeanor; and one count of Attempted Theft in the Third
Degree in violation of HRS §§ 705-500 (1993) and 708-832.
2 Although Mafi's two opening briefs do not comport with Hawaiʻi Rules of Appellate Procedure Rule 28, we liberally construe his self-represented filings to promote meaningful access to justice. See, e.g., Erum v. Llego, 147 Hawaiʻi 368, 380, 465 P.3d 815, 827 (2020).
2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
In 2016, the Hawaiʻi State Legislature amended HRS
§ 708-803 (2014 & Supp. 2016), effective July 1, 2016, to
"double[] the length of time from five years to ten years that a
conviction can qualify a person for habitual theft status." 3 HRS
§ 708-803 cmt.
In 2017, a grand jury indicted Mafi in four different
cases with committing Habitual Property Crime in violation of
3 The 2004 version of HRS § 708-803, which Mafi contends ought to have applied to his sentence, provided as follows:
[§708-803] Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense within this chapter.
(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within five years of the instant offense, has convictions for:
(a) Three felonies within this chapter;
(b) Three misdemeanors within this chapter; or
(c) Any combination of three felonies and misdemeanors within this chapter.
The convictions must have occurred on separate dates and be for separate incidents on separate dates.
(3) Habitual property crime is a class C felony.
(4) For a conviction under this section, the sentence shall be either:
(a) An indeterminate term of imprisonment of five years; or
(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment.
(Emphasis added.)
3 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
HRS § 708-803 (2014 & Supp. 2016), alleging Mafi committed four
separate theft offenses, on four separate dates — July 13, 2016;
January 1, 2017; January 30, 2017; and February 4, 2017.
In 2019, pursuant to a plea agreement, Mafi pled
guilty to the four charges of Habitual Property Crime. 4 The
circuit court sentenced Mafi to five years of probation to run
concurrently with any other term being served.
In 2021, the State moved to revoke Mafi's probation as
he admitted to violating various special terms and conditions of
his probation, which the circuit court granted.
In 2023, Mafi filed his HRPP Rule 40 petition. Mafi
raised six grounds for relief, 5 all premised on the argument
that, because his 2007 and 2011 convictions occurred prior to
the 2016 amendment to HRS § 708-803, the 2004 version of HRS
§ 708-803 setting forth a five-year (and not ten-year) "lookback
period" applied.
4 In exchange for pleading guilty in 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, 1CPC-XX-XXXXXXX, and 1CPC-XX-XXXXXXX, the State agreed to nolle prosequi without prejudice four other theft-related charges in 1CPC-XX-XXXXXXX, 1CPC- XX-XXXXXXX, and 1CPC-XX-XXXXXXX.
5 Mafi's six grounds for relief were: (1) defective indictment, (2) illegal sentence, (3) ineffective assistance of counsel, (4) prosecutorial misconduct, (5) withdraw of guilty plea, and (6) lack of jurisdiction.
4 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Following a hearing, the circuit court denied Mafi's
HRPP Rule 40 petition and entered its findings of fact and
conclusions of law. As relevant to Mafi's appeal, the circuit
court found that when Mafi committed the instant offenses, "the
Window of Prior Convictions was 10 years." The circuit court
also found that Mafi committed the instant offenses between
July 13, 2016, and February 4, 2017; and his prior convictions
were on October 23, 2007, and February 17, 2011; thus,
qualifying him as a habitual property crime perpetrator under
the amended version of HRS § 708-803. Mafi appealed.
As mentioned above, Mafi contends he does not qualify
as a habitual property crime perpetrator, because "both [the
prior] convictions and [the instant] offences [sic] had to have
occurred after the 2016 [amendment to the habitual property
crime statute,] which double[d] the length of time from 5 years
to 10."
"The interpretation of a statute is a question of law.
Review is de novo, and the standard of review is right/wrong."
State v. Borge, 152 Hawaiʻi 458, 464, 526 P.3d 435, 441 (2023).
"[T]he fundamental starting point for statutory interpretation
is the language of the statute itself." Id. (quoting Ito v.
Invs. Equity Life Holding Co., 135 Hawaiʻi 49, 61, 346 P.3d 118,
130 (2015)).
5 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
HRS § 708-803, as amended in 2016, defines a "habitual
property crime perpetrator" as a person having committed a
property crime "within ten years" of certain prior convictions:
§708-803 Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a property crime.
(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within ten years of the instant offense, has convictions for offenses within this chapter for:
(a) Any combination of two felonies or misdemeanors; or
(b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or
(c) Three petty misdemeanors.
The convictions shall be for separate incidents on separate dates.
(Emphases added.)
This version of HRS § 708-803 took effect on July 1,
2016. Mafi's instant offenses were committed on July 13, 2016,
January 1, 2017, January 30, 2017, and February 4, 2017.
Because Mafi's instant offenses were committed after July 1,
2016, the amended version of HRS § 708-803 applies to the
prosecution of Mafi's instant offenses.
Turning to whether Mafi met the definition of habitual
property crime perpetrator under the amended version of HRS
§ 708-803, we consider whether Mafi had the requisite prior
6 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
convictions and whether each of Mafi's instant offenses fell
within ten years of those prior convictions.
Mafi had one petty misdemeanor theft conviction dated
October 23, 2007, and at least one felony theft conviction dated
February 17, 2011. See HRS § 708-803(2)(b) (providing that
convictions for "[a]ny combination of either one felony or one
misdemeanor and one petty misdemeanor" within ten years of the
instant offense qualifies a person as a habitual property crime
perpetrator). These convictions were for separate incidents on
separate dates. See HRS § 708-803(2) ("The convictions shall be
for separate incidents on separate dates.").
Mafi's first instant offense, dated July 13, 2016,
fell within ten years of his prior convictions. Mafi's prior
conviction for petty misdemeanor theft was dated October 23,
2007, and his prior conviction for felony theft was dated
February 17, 2011, both within ten years of the July 13, 2016
offense.
The same may be said for Mafi's instant offenses
committed on January 1, 2017; January 30, 2017; and February 4,
2017 — they all fall within ten years of Mafi's October 23, 2007
and February 17, 2011 convictions.
7 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Because Mafi's instant offenses occurred within ten
years of his prior convictions, the circuit court did not err in
denying Mafi's HRPP Rule 40 petition.
Based on the foregoing, we affirm the circuit court's
August 19, 2024 order denying Mafi's HRPP Rule 40 petition.
DATED: Honolulu, Hawaiʻi, April 16, 2026.
On the briefs: /s/ Clyde J. Wadsworth Presiding Judge Vilisoni S. Mafi, Self-represented Petitioner- /s/ Sonja M.P. McCullen Appellant. Associate Judge
Stephen K. Tsushima, /s/ Kimberly T. Guidry Deputy Prosecuting Attorney, Associate Judge City and County of Honolulu, for Respondent-Appellee.