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State v. Perkins

Intermediate Court of Appeals of Hawaii

September 9, 2013

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
NOAH PERKINS, Defendant-Appellant

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 11-1-1151).

James S. Tabe, Deputy Public Defender, for Defendant-Appellant.

Stephen K. Tsushima, Deputy Prosecuting Attorney, City & County of Honolulu, for Plaintiff-Appellee.

Nakamura, C.J., Leonard and Reifurth, JJ.

MEMORANDUM OPINION

Defendant-Appellant Noah Perkins ("Perkins") appeals from the "Order of Resentencing; Revocation of Probation, " filed on May 7, 2012[1] in the Circuit Court of the First Circuit ("Circuit Court").[2]

I. BACKGROUND

On February 14, 2012, pursuant to an earlier guilty plea, Perkins was sentenced for two counts of Burglary in the First Degree, in violation of Hawaii Revised Statutes ("HRS") § 708-810(1)(c); one count of Unauthorized Entry in a Dwelling in the First Degree, in violation of HRS § 708-812.55; and one count of Terroristic Threatening in the First Degree, in violation of HRS § 707-716(1) (f) (i).[3] The Circuit Court sentenced Perkins in accordance with the plea agreement. Thereby, he was sentenced to five-year concurrent terms of probation for each count, along with agreed-upon special conditions. Also in accordance with the plea agreement, the Circuit Court ordered that Perkins be referred to Hawaii's Opportunity Probation with Enforcement ("HOPE") program. The special conditions included an eight-month concurrent term of imprisonment, with credit for time served, and specified that Perkins "[w]rite letters of apology to Mr. Frank Perkins, Mr. Jonah Perkins, Ms. Messaouda Dawley, and Mr. Dylan Dawley by July 1, 2012. "[4]

On April 11, 2012, almost two months before the deadline by which the apology letters needed to be written, the State, through Probation Officer James M. May ("Officer May"), moved to revoke Perkins's probation. The motion for revocation was based solely on the ground that Perkins had violated the condition of his probation requiring him to write a letter of apology to Messaouda Dawley. The State alleged that Perkins "failed to submit a letter of apology to Messaouda Dawley, despite being ordered to do so by the Court."

Officer May's motion was prompted by two handwritten letters that he received from Perkins on April 10, 2012. One was a cover letter addressed to Officer May and the other was a letter addressed to Ms. Dawley ("Dawley Letter"). The cover letter read as follows:

Dear James May,

I'm writing this letter for you just to give you a letter so you can give it to the people who sent me hear [sic]. Even though it is a bad letter, it is the truth. Well I will check in with on [sic] April 13, and I will do what I need to do to get off probation, because I want to go back to my country. [5] I will give you all my info when I get it from my dad. Thank you for the good news, and see you on the 13th.
- Noah Perkins [signature]
The Dawley Letter read as ...

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