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PERMISSION TO COPY DENTE! HRS 606.13, ETC. re 1 IN THE CIRCUIT COURT OF THE FIRST CIRCUIT 2 STATE OF HAWAII ORIGINAL 3 ) 4 STATE OF HAWAII ) CR. NO. 11-1-0895 ) 5 vs. ) ) 6 GERARD PUANA, ) ) G, Defendant. ) ) 8 it x ) 8 TRANSCRIPT OF PROCEEDINGS 10 had before the HONORABLE MICHAEL D. WILSON, Judge aL Presiding, Sixth Division, on Tuesday, November 19, i 2013; Motion to Correct Illegal Sentence. , 12 43 aa APPEARANCES: 4s KAINA AWONG, ESQ. For State of Hawaii 16 CLARISSA MALINAO, ESQ. For Defendant 17 1s 1s 20 21 22 REPORTED BY: 23 MILANI BALLESTEROS, RMR, CRR, CSR #407 24 Official Court Reporter . Circuit Court of the First Circuit 25 State of Hawaii OFFICIAL COURT REPORTER STATE OF HAWATI PERMISSION TO COPY DENIED, HRS 606.13, ETC. TUESDAY, NOVEMBER 19, 2013 10:00 A.M. =-90000-- THE BAILIFF: Calling Calendar No. 15, Case 4 No, 11-1-0895, State of Hawaii versus Gerard Puana 5 for Motion to Correct Tllegal Sentence. 6 Counsel, please state your appearance. c, MR. AWONG: Good morning, Your Honor, Kadina 8 Awong, Deputy Prosecuting Attorney for the State. 9 THE COURT: Morning, Mr. Awong. 10 MS. MALINAO: Good morning, Your Honor. 1 Deputy Public Defender Clarissa Malinao on behalf of 12 Mr. Puana, who is present. 13 THE COURT: Good morning, Ms. Malinao. And 14 good morning, Mr. Puana. 15 THE DEFENDANT: Good morning. 16 THE COURT: All right. I'm interested in 7 your position at this time, I've looked at your 18 materials. Mr. Awong? 19 MR. AWONG: Your Honor, the State rests on 20 its motion. Defendant has received a couple of 22 misdemeanor deferrals prior to being given this 22 felony deferral, and I think some of the problem was 23 they were expunged ultimately so they did not show up 24 on his criminal history, but he does have them, the 25 State did attach the records. So, legally speaking, OFFICIAL COURT REPORTER STATE OF HAWAII PERMISSION TO COPY DENIED, HRS 606.13, ETC. he was not entitled to another deferral, so the state would ask that the Court reconsider its reconsideration -- I mean correct the sentence in that it is an illegal sentence. THE COURT: Thank you. 10 a 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 Ms. Malinao? MS. MALINAO: well, Your Honor, on behalf of Mr. Puana, first and foremost, I'd like the record to be clear that this court did receive our memo in opposition that was filed on November 15th, 2013. I did provide a filed copy as well as a faxed filed copy to the State. In that, it responds specifically to the State's motion that there's no specific case law that the State can point out that says that this court rendered an illegal sentence. Specifically, the legislative history, as indicated in our memo in opposition, indicates that there's nothing that the legislature disallowed by having a defendant like Mr. Puana, who's been given two prior no contest pleas, both deferred and dismissed for being in compliance, is prohibited from now receiving a deferral for a no contest plea in a felony. The legislature has not prohibited that scenario. Furthermore, I'd like to point out for the OFFICIAL COURT REPORTER STATE OF HAWAII