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STATE v. CASUGAY-BADIANG

No. SCWC-11-0000802.

305 P.3d 437 (2013)

130 Haw. 21

STATE of Hawai`i, Respondent/Plaintiff-Appellant, v. Rubin Ikoa CASUGAY-BADIANG, Petitioner/Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected June 28, 2013.

Attorney(s) appearing for the Case

Ronette M. Kawakami (Summer M.M. Kupau, with her on the briefs), for petitioner.

James M. Anderson, for respondent.

ACOBA, McKENNA, and POLLACK, JJ., with RECKTENWALD, C.J., dissenting separately, with whom NAKAYAMA, J., joins.

Opinion of the Court by McKENNA, J.

I. Introduction

The sole issue before this court is whether a sentencing court has the discretion to sentence a defendant convicted of violating Hawai`i Revised Statutes ("HRS") § 712-1240.8 (1993 & Supp. 2006) (Methamphetamine Trafficking in the Second Degree)1 under HRS § 706-667 (1993 & Supp.2006) (the "Young Adult Defendants" statute).2 Specifically...

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