When a conviction or sentence is set aside on direct or collateral attack, the court shall not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence.
Haw. Rev. Stat. § 706-609
Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence
Applied in 2 court decisions — leading case 239 Md. App. 483 - Thomas v. State (2018)
Most recently applied in Livingston v. State (January 2023)
L 1972, c 9, pt of §1
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.