§806-71 - Sentence. - Hawaii Statutes

SENTENCE; PROBATION

 

     §806-71  Sentence.  Except as otherwise provided by law, in all criminal cases, the court or judge before which or whom the conviction is had shall proceed as soon thereafter as may be to pass sentence according to law, which sentence shall be recorded by the clerk, or by the judge if there is no clerk, and certified to the sheriff, superintendent of Hawaii state prison, or other appropriate officer for imprisonment or other punishment, as the case may be; provided that any person convicted of a felony and sentenced to imprisonment in Hawaii state prison shall be delivered, together with the certificate of the person's sentence, to the superintendent of Hawaii state prison at Honolulu. [L 1876, c 40, §73; am L 1903, c 39, §13; RL 1925, §4093; am imp L 1932 1st, c 17, §2; RL 1935, §5542; am L 1939, c 104, §7; am L 1941, c 15, §2; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10849; RL 1955, §258-60; am L 1957, c 282, §11; am L 1963, c 34, §§1, 2 and c 85, §3; HRS §711-84; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]

 

Cross References

 

  Sheriff, etc., see §26-14.6.

  Stay, see §804-4.

 

Rules of Court

 

  See HRPP rules 32, 35.  Arrest of judgment, see HRPP rule 34.

 

Attorney General Opinions

 

  Sentences of imprisonment to run concurrently in absence of contrary intent.  Att. Gen. Op. 62-40.

 

Case Notes

 

  Prisoner discharged where sentence not in conformity with law.  3 H. 17.

  Where sentence in mittimus is in alternative in words of statute, it is ground for discharging prisoner.  7 H. 162.  Sentences intended to be cumulative should be so stated, otherwise presumption is that they are concurrent.  7 H. 162.

  Courts cannot suspend sentence indefinitely.  11 H. 287; 11 H. 293, 313.

  Imposition of sentence, procedure prior to adoption of Hawaii Rules of Criminal Procedure.  37 H. 477.