State v. Van Den Berg

65 P.3d 134, 101 Haw. 187, 2003 Haw. LEXIS 114
CourtHawaii Supreme Court
DecidedMarch 17, 2003
Docket23135, 22931
StatusPublished
Cited by10 cases

This text of 65 P.3d 134 (State v. Van Den Berg) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Van Den Berg, 65 P.3d 134, 101 Haw. 187, 2003 Haw. LEXIS 114 (haw 2003).

Opinions

Opinion of the Court by

MOON, C.J.

Inasmuch .as the legal issues presented by appeal Nos. 23135 and 22931 are identical, we consolidate these appeals for purposes of disposition. In appeal No. 23135, defendant-appellant Justin Van den Berg appeals from: (1) the December 30, 1999 order granting plaintiff-appellee State of Hawaii’s (the prosecution) motion to reconsider the reversal of Van den Berg’s firearms conviction, which effectively reinstated the firearms conviction; and (2) the February 17, 2000 order denying Van den Berg’s request that the mandatory minimum sentence on his second degree murder conviction, imposed in conjunction with the separate sentence on his firearms conviction, be vacated on double jeopardy grounds because the mandatory minimum sentence was predicated upon the single use of a firearm. Both orders were entered by the Honorable Joseph Cardoza.

In appeal No. 22931, defendant-appellant Gary Karagianes similarly appeals from the September 29,1999 order denying his motion to (1) reverse his firearms conviction and (2) vacate the mandatory minimum sentence on his second degree murder conviction on double jeopardy grounds. The September 29, 1999 order was entered by the Honorable Shackley Raffetto.

For the reasons set forth below, we reverse the firearms convictions of both Van den Berg and Karagianes [hereinafter, collectively, Appellants].

I. BACKGROUND

A. Van den Berg

On November 14, 1996, the Intermediate Court of Appeals affirmed Van den Berg’s convictions of: (1) murder in the second degree; (2) possession or use of a firearm in the commission of a felony, in violation of Hawaii Revised Statutes (HRS) § 184-6(a) (1990)1 [hereinafter, the HRS § 134-6(a) or firearms conviction]; and (3) carrying a pistol or revolver without a license. State v. Vandenberg, 84 Hawafi 101, 929 P.2d 114 (App.1996) (mem.). As a result, Van den Berg continued to serve his sentences of: (1) life imprisonment, with the possibility of parole, for second degree murder, with a mandatory minimum term of fifteen years, imposed pursuant to HRS § 706-660.1 (1990);2 [189]*189(2) twenty years for the firearms conviction, with a mandatory minimum term of ten years; and (3) ten years for the carrying without a license conviction.

On August 16, 1999, the circuit court granted Van den Berg’s “Motion to Correct Illegal Sentence” (First Motion to Correct) and reversed his firearms conviction, pursuant to State v. Jumila, 87 Hawai'i 1, 950 P.2d 1201 (1998). Thereafter, the prosecution filed a motion for reconsideration of the reversal of the Van den Berg’s firearms conviction. After several hearings, the circuit court, on December 30, 1999, granted the prosecution’s motion and denied Van den Berg’s First Motion to Correct, effectively reinstating his firearms conviction.

On November 26, 1999, Van den Berg filed another “Motion to Correct Illegal Sentence,” arguing that double jeopardy principles prohibited the imposition of: (1) a mandatory minimum term of imprisonment on the firearms conviction; and (2) a mandatory minimum term of imprisonment on the second degree murder conviction in conjunction with a separate sentence for the firearms conviction when the mandatory minimum sentence was predicated upon the same use of a firearm upon which the firearms conviction was based. On February 17, 2000, the circuit court agreed, in part, and vacated the mandatory minimum term of imprisonment for the firearms conviction; however, the court affirmed the mandatory minimum sentence for the second degree murder conviction and the separate sentence for the firearms conviction. Van den Berg timely appealed.

B. Karagianes

On January 12, 1996, this court affirmed the convictions of Karagianes for murder in the second degree and possession or use of firearm in the commission of a felony [her-eainfter, the HRS § 134-6(a) or firearms conviction]. State v. Karagianes, 80 Hawai'i 357, 910 P.2d 128 (Haw. 1996) (mem.). As a result, Karagianes continued to serve his sentences of: (1) life imprisonment, with the possibility of parole, for second degree murder, with a mandatory minimum term of fifteen years, imposed pursuant to HRS § 706-660.1; and (2) ten years of imprisonment for the firearms conviction.

Like Van den Berg, Karagianes, on May 11, 1999, moved to have his firearms conviction reversed pursuant to Jumila and, on June 8, 1999, moved to vacate the fifteen-year mandatory minimum sentence imposed on the second degree murder conviction based on double jeopardy grounds. Both motions were consolidated for hearing, and, on September 29, 1999, the circuit court denied both motions. Karagianes timely appealed.

II. STANDARDS OF REVIEW

A. Statutoi'y Interpretation

“The question whether a defendant can be convicted of both carrying or use of firearm in the commission of a separate felony and the separate felony is a question of statutory interpretation. We interpret statutes de novo.” State v. Brantley, 99 Hawai'i 463, 464, 56 P.3d 1252, 1253 (2002) (citing State v. Cornelio, 84 Hawai'i 476, 483, 935 P.2d 1021, 1028 (1997) (citations omitted)).

When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists....
In construing an ambiguous statute, “[t]he meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning.” HRS § 1-15(1) [(1993)]. Moreover, the courts may resort to extrinsic aids in [190]*190determining legislative intent. One avenue is the use of legislative history as an interpretive tool. Gray [v. Administrative Director of the Court, 84 Hawai'i 138, 148, 931 P.2d 580 (1997) (quoting State v. Toyomura, 80 Hawai'i 8, 18-19, 904 P.2d 893, 903-04 (1995)) (brackets and ellipsis points in original) (footnote omitted). This court may also consider “[t]he reason and spirit of the law, and the cause which induced the legislature to enact it ...

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Bluebook (online)
65 P.3d 134, 101 Haw. 187, 2003 Haw. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-van-den-berg-haw-2003.