[§706-668.5]  Multiple sentence of imprisonment.  (1)  If multiple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an unexpired term of imprisonment, the terms may run concurrently or consecutively.  Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms run consecutively.  Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms run concurrently.

     (2)  The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider the factors set forth in section 706-606. [L 1986, c 314, §45]

 

Law Journals and Reviews

 

  State v. Kumukau:  A Case for the Application of Eighth Amendment Proportionality Analysis.  13 UH L. Rev. 577.

 

Case Notes

 

  Sentencing court's imposition of consecutive prison terms pursuant to this section constituted an abuse of discretion, where court's sole purpose in imposing consecutive terms was to maximize the supervisory power of the Hawai`i paroling authority over defendant in an attempt to facilitate the collection of court-ordered restitution. 78 H. 127, 890 P.2d 1167.

  Sentencing court did not abuse its discretion in resentencing appellant to consecutive terms of imprisonment.  79 H. 281, 901 P.2d 481.

  Extraordinarily sadistic and cruel manner in which defendant committed offenses and defendant's past behavioral history required retributive, incapacitative and deterrent penal objectives of consecutive terms of imprisonment achieved under this section.  83 H. 335, 926 P.2d 1258.

  Trial court plainly erred in sentencing defendant to consecutive terms of imprisonment based on the unsubstantiated allegation that defendant had transferred a semi-automatic firearm to a drug dealer.  106 H. 441, 106 P.3d 364.

  Trial court did not abuse its discretion in sentencing defendant to consecutive terms of imprisonment under this section where, taking into consideration all of the factors set forth in §706-606, the court pointed to the high level of cruelty, violence, and viciousness involved in the commission of the offenses, that most of the offenses took place in front of defendant's two-year-old son, defendant's lack of remorse, the clear and present danger defendant posed to complainant and the community, and the poor prospects for defendant's rehabilitation.  106 H. 365 (App.), 105 P.3d 242.

  Discussed:  81 H. 421 (App.), 918 P.2d 228.