HRS 0706-0664 ANNOTATIONS

This section sets forth the procedure when the court has before it a motion in favor of sentencing the defendant to imprisonment for an extended term. Fairness to the defendant demands that the defendant receive notice of the ground upon which an extended term is proposed and that the hearing focus on this issue. In other respects the hearing will be the same as that provided for in cases involving the possibility of imprisonment within the ordinary limits.

Question as to proper procedure for making finding of multiple offender raised but not decided. 56 H. 32, 526 P.2d 1200.

Independent hearing with full procedural due process. 56 H. 628, 548 P.2d 632.

Notice of hearing may issue from court without help from prosecutor. 60 H. 93, 588 P.2d 412.

The court may properly initiate extended term hearings, notwithstanding inaction by prosecutor. 60 H. 100, 588 P.2d 409.

Notice adequate under circumstances. 63 H. 488, 630 P.2d 619.