State v. Camacho

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 15, 2025
• Docket: CAAP-24-0000130
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-JAN-2025 08:08 AM Dkt. 57 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. DERICK CAMACHO, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Nakasone and Guidry, JJ.)

Defendant-Appellant Derick Camacho (Camacho) appeals

from the February 5, 2024 Judgment of Conviction and Sentence

(Judgment) entered by the Circuit Court of the Third Circuit

(Circuit Court),1 convicting him of Robbery in the Second Degree

in violation of Hawaii Revised Statutes (HRS) § 708-841(1)(b)

(2014), Burglary in the Second Degree in violation of HRS § 708-

811(1) (2014), and Unlawful Imprisonment in the First Degree in

violation of HRS § 707-721(1) (2014).

Camacho raises a single point of error on appeal,

contending that the Circuit Court erred in failing to properly

consider and place on record the HRS § 706-606 (2014) factors and

1 The Honorable Robert D.S. Kim presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

rationale for the imposition of consecutive terms of

imprisonment.

Upon careful review of the record and the briefs

submitted by the parties, and having given due consideration to

the arguments advanced and the issues raised, we resolve

Camacho's point of error as follows:

Camacho argues that the general consideration of

sentencing factors stated by the Circuit Court in sentencing him

to imprisonment is insufficient to support the consecutive sentencing imposed on Counts 1 (Robbery in the Second Degree) and

5 (Unlawful Imprisonment in the First Degree). This argument has

merit.

HRS § 706-668.5(1) (Supp. 2023) provides that if

multiple terms of imprisonment are imposed on a defendant, the

"multiple terms of imprisonment run concurrently unless the court

orders or the statute mandates that the terms run consecutively."

HRS § 706-668.5(2) (Supp. 2023) requires the court to consider

the factors set forth in HRS § 706-606 in determining whether

terms imposed are to run concurrently or consecutively.

"[C]ircuit courts must state on the record at the time

of sentencing the reasons for imposing a consecutive sentence."

State v. Hussein, 122 Hawai#i 495, 510, 229 P.3d 313, 328 (2010).

This requirement serves dual purposes of (1) identifying the

facts or circumstances within the range of statutory factors that

the court considered, and (2) confirming for the defendant, the

victim, the public, and the appellate court that the decision was

deliberate, rational, and fair. State v. Kong, 131 Hawai#i 94,

2 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

102-03, 315 P.3d 720, 728-29 (2013) (citing Hussein, 122 Hawai#i

at 509-10, 229 P.3d at 327-28); see also State v. Bautista, 153

Hawai#i 284, 290-91, 535 P.3d 1029, 1035-36 (2023); State v.

Barrios, 139 Hawai#i 321, 337, 389 P.3d 916, 932 (2016).

Here, the Circuit Court specifically referenced its

consideration of factors under HRS § 706-621 (2014), which are to

be considered in determining whether to impose a term of

probation. While some of the factors pointed to by the Circuit

Court in sentencing Camacho to prison, not probation, are also factors to be considered in determining whether to impose

consecutive sentences, the Circuit Court gave no explanation of

why it determined a consecutive sentence was appropriate here.

Because no explanation was given for imposing a consecutive

sentence here, the Circuit Court abused its discretion in

imposing the consecutive sentence.

Therefore, we vacate that portion of the Circuit

Court's February 5, 2024 Judgment pertaining to sentencing, and

remand this case to the Circuit Court for resentencing.

DATED: Honolulu, Hawai#i, January 15, 2025.

On the briefs: /s/ Katherine G. Leonard Acting Chief Judge Seth Patek, Deputy Public Defender, /s/ Karen T. Nakasone Office of the Pubic Defender, Associate Judge for Defendant-Appellant. /s/ Kimberly T. Guidry Charles E. Murray III, Associate Judge Deputy Prosecuting Attorney, Office of the Prosecuting Attorney, for Plaintiff-Appellee.