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GARCIA v. STATE

No. SCWC-29725.

263 P.3d 709 (2010)

125 Haw. 429

David GARCIA, aka Howard Garcia, Petitioner/Petitioner-Appellant v. STATE of Hawai`i, Respondent/Respondent-Appellee.

Supreme Court of Hawai`i.

December 21, 2010.

Attorney(s) appearing for the Case

Glenn D. Choy, for petitioner/petitioner-appellant.

Diane K. Taira and Darcy H. Kishida, Deputy Attorney Generals, for respondent/respondent-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge NACINO, Assigned Due to a Vacancy.

Opinion of the Court by ACOBA, J.

We hold that the recalculation by the Hawai`i Paroling Authority (HPA), of credit for pre-sentence detention (presentence credit) of Petitioner/Petitioner-Appellant David Garcia, aka Howard Garcia (Petitioner), pursuant to State v. Tauiliili, 96 Haw. 195, 200, 29 P.3d 914, 919 (2001), that extended the earliest date at which Petitioner was eligible for release...

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