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.