Kaua

BACKGROUND

In 1999, Kaua was indicted in state court in connection with a hostage standoff.3 A jury acquitted Kaua of attempted murder in the first degree, but convicted him of several other offenses. These offenses included class-A felonies carrying twenty-year maximum sentences, class-B felonies carrying ten-year maximum sentences, and class-C felonies carrying five-year maximum sentences. 1 Henceforth, we refer to the appellants collectively as “the State.” 2 530 U.S. 466 (2000). 3 A full description of the crimes of which Kaua was convicted may be found in State v. Kaua, 72 P.3d 473 (Haw. 2003). KAUA v. FRANK 335 After the jury returned its guilty verdict, the prosecution moved to extend Kaua’s sentence pursuant to Hawaii Revised Statutes section 706-662(4)(a). That section provides for an extended sentence if “[t]he defendant is a multiple offender whose criminal actions were so extensive that a sentence of imprisonment for an extended term is necessary for protection of the public.”4 The section further provides that a court must find that “[t]he defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for…