(Download) "State V. Young" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Young
- Author : Hawaii Supreme Court
- Release Date : January 24, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Defendant-appellant Monte Louis Young, Jr. appeals his conviction of one count of murder in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-701.5(1) (1993), and his sentence of life imprisonment without the possibility of parole under HRS § 706- 657 (Supp. 1998). On appeal, Young argues that the trial court erred in: (1) finding him penally responsible; (2) failing to convict him of manslaughter instead of murder in the second degree; (3) denying his motion to dismiss the complaint or, in the alternative, to strike the enhanced sentencing language from the complaint; and (4) sentencing him to life in prison without the possibility of parole. We affirm Young's conviction and vacate his enhanced sentence. We hold that one of the findings of fact relied upon by the sentencing court was clearly erroneous. Without the erroneous finding, there is not substantial evidence that Young's attack was "unnecessarily torturous" to the victim, as required by HRS § 706-657, and therefore, the sentencing court erred in sentencing Young to an enhanced sentence. We vacate Young's sentence and remand for resentencing.
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