State v. Tamura, 633 P.2d 1115 (Haw. 1981). · Go Syfert
State v. Tamura, 633 P.2d 1115 (Haw. 1981). Cases Citing This Book View Copy Cite
“the jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.”
147 citation events (83 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Jhun (haw, 1996-10-11)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 41 distinct citers.
examined Cited as authority (verbatim quote) State v. Jhun (2×) also: Cited as authority (quoted)
Haw. · 1996 · quote attribution · 2 verbatim quotes · confidence high
the jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.
discussed Cited as authority (rule) State v. Rosa
Haw. App. · 2021 · confidence medium
"It matters not if a conviction under the 3 HRPP Rule 40(f) provides, in relevant part: Where the petition alleges the ineffective assistance of counsel as a ground upon which the requested relief should be granted, the petitioner shall serve written notice of the hearing upon the counsel whose assistance is alleged to have been ineffective and said counsel shall have an opportunity to be heard. 9 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending …
discussed Cited as authority (rule) State v. Capobianco
Haw. App. · 2021 · confidence medium
State v. Richie, 88 Hawai#i 19, 33, 960 P.2d 1227, 1241 (1998) (quoting State v. Quitog, 85 Hawai#i 128, 145, 938 P.2d 559, 576 (1997)). "'It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.'" State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992) (quoting State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981)). "'Substantial evidence' as to every material element of the offense charged is credible evi…
discussed Cited as authority (rule) State v. Kato.
Haw. · 2020 · confidence medium
Holmes, 547 U.S. at 330 ; see also State v. Aplaca, 96 Hawaiʻi 17, 25, 25 P.3d 792, 800 (2001) (holding that the circuit court erred by not submitting the question of the victim’s age and the defendant’s knowledge of the victim’s age to the jury); State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981) (per curiam) (“The jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.”).
cited Cited as authority (rule) State v. Wagner.
Haw. · 2017 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
cited Cited as authority (rule) State v. Wagner.
Haw. · 2017 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
discussed Cited as authority (rule) Razo v. Thomas
D. Haw. · 2010 · confidence medium
On direct appeal, the ICA held that: When viewed in the light most favorable to the prosecution, State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981), it was reasonable for the jury to infer that: 1) Razo was a methamphetamine dealer; 2) Razo had purchased the methamphetamine found in his back *1265 pack with the intent to sell a portion to pay for the half-ounce that his supplier had fronted; 3) Razo intended to sell at least one-eighth ounce, given the amount of money he owed his supplier and the evidence regarding the prices at which different quantities of methamphetamine were so…
discussed Cited as authority (rule) State v. Hussein.
Haw. · 2010 · confidence medium
See, e.g., State v. Ortiz, 91 Hawai'i 181, 195 , 981 P.2d 1127, 1141 (1999) (stating that “in order to engage in meaningful review of a sentencing court’s decision without involving ourselves unduly in the exercise of the court's discretion, we require the sentencing court to ‘... enter into the record all findings of fact which are necessary to its decision’ ”) (brackets, internal quotation marks, and citations omitted); State v. Okurnura, 78 Hawai'i 383, 413 , 894 P.2d 80, 110 (1995) (remanding for re-sentencing because court did not state its reasons for imposing an extended term …
cited Cited as authority (rule) State v. Souza
Haw. App. · 2008 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
cited Cited as authority (rule) State v. Peralta
Haw. App. · 2007 · confidence medium
State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981); State v. Eastman, 81 Hawai`i 131, 139, 913 P.2d 57, 65 (1996).
cited Cited as authority (rule) State v. Escobido-Ortiz
Haw. App. · 2005 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
cited Cited as authority (rule) State v. Ugalino
Haw. App. · 2005 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
examined Cited as authority (rule) State v. Wise (3×) also: Cited "see, e.g."
Haw. App. · 2005 · confidence medium
"The jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.” Tamura, 63 Haw. at 637-38 , 633 P.2d at 1117 (citations omitted). "[Vjerdicts based on conflicting evidence will not be set aside where there is substantial evidence to support the jury’s findings.” Tsugawa v. Reinartz, 56 Haw. 67, 71 , 527 P.2d 1278, 1282 (1974) (citation and internal quotation marks omitted).
cited Cited as authority (rule) State v. Smith
Haw. App. · 2004 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
examined Cited as authority (rule) State v. Aki (3×) also: Cited "see, e.g."
Haw. App. · 2003 · confidence medium
“The jury, as the trier of fact, is the sole judge of the credibility of -witnesses or the weight of the evidence.” Tamura, 63 Haw. at 637-38 , 633 P.2d at 1117 (citations omitted). “[Vjerdicts based on conflicting evidence will not be set aside where there is substantial evidence to support the jury’s findings.” Tsugawa v. Reinartz, 56 Haw. 67, 71 , 527 P.2d 1278, 1282 (1974) (citation and internal quotation marks omitted).
examined Cited as authority (rule) State v. Kido (4×) also: Cited "see, e.g."
Haw. App. · 2003 · confidence medium
Suffice it to say that the evidence adduced at trial-taken in the light most favorable to the State, State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992), and in light of the prerogative of the jury in the sphere of witness credibility and weight of the evidence, State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981)—showed that Kido, a user of crack cocaine confronted by the sudden propinquity of the police, concealed, then discarded, and then again attempted to conceal, or to destroy, a glass pipe containing and designed for smoking crack.
examined Cited as authority (rule) State v. Shabazz (3×) also: Cited "see, e.g."
Haw. App. · 2002 · confidence medium
“The jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.” Tamura, 63 Haw. at 637-38 , 633 P.2d at 1117 (citations omitted). "[Vjerdicts based on conflicting evidence will not be set aside where there is substantial evidence to support the jury’s findings.” Tsugawa v. Reinartz, 56 Haw. 67, 71 , 527 P.2d 1278, 1282 (1974) (citation and internal quotation marks omitted).
examined Cited as authority (rule) State v. Yamamoto (3×) also: Cited "see, e.g."
Haw. App. · 2002 · confidence medium
“The jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of the evidence.” Tamura, 63 Haw. at 637-38 , 633 P.2d at 1117 (citations omitted).
discussed Cited as authority (rule) State v. Pesentheiner
Haw. App. · 2001 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ ‘It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’ ... is credible evidence which is of sufficient quality and probative value to enable a man of rea…
discussed Cited as authority (rule) State v. Peralto
Haw. · 2001 · confidence medium
The court provided adequate findings in support of the extended terms by citing the relevant statute, finding that the defendants committed two felonies, and determining that extended terms were "necessary for the protection of the public” based on the "heinous, atrocious, and cruel” manner in which the crimes were committed, see State v.. Tamura, 63 Haw. 636, 639 , 633 P.2d 1115, 1118 (1981) (manner in which defendant committed the offense is proper basis for extended term sentence).
discussed Cited as authority (rule) State v. Hoang
Haw. App. · 2000 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ ‘It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ”' Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’ ... is credible evidence which is of sufficient quality and probative value to enable a man of re…
discussed Cited as authority (rule) State v. Graybeard
Haw. App. · 2000 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ ‘It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’ ... is credible evi *523 dence which is of sufficient quality and probative value to enable a man …
discussed Cited as authority (rule) State v. Ortiz
Haw. · 1999 · confidence medium
This court has observed that, [i]n order to engage in meaningful review of a sentencing court’s decision without involving ourselves unduly in the exercise of the court’s discretion, we require the sentencing court to “state on the record its reasons for determining that commitment of the defendant for an extended term is necessary for protection of the public and ... enter into the record all findings of fact which are necessary to its decision.” State v. Okumura, 78 Hawai'i 383, 413 , 894 P.2d 80, 110 (1995) (citing State v. Tamura, 63 Haw. 636, 639 , 633 P.2d 1115, 1118 (1981) (quot…
discussed Cited as authority (rule) State v. Fukusaku
Haw. · 1997 · confidence medium
On the other hand, “[t]he jury, as the trier of fact, is the sole judge of the credibility of witnesses [and] the weight of the evidence.” State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981) (citations omitted); State v. Summers, 62 Haw. 325, 332 , 614 P.2d 925, 930 (1980) (citations omitted).
discussed Cited as authority (rule) Gray v. Administrative Director of Court (2×)
Haw. · 1997 · confidence medium
However, where the Director does exercise the discretion, accorded by HRS § 286-261(b), to extend the period of administrative revocation, the Director must “ ‘state on the record [his or her] reasons for determining that [the extended period] is necessary for [the] protection of the public [interest] and ... [to] enter into the record all findings of fact which are necessary to [his or her] decision.’ ” State v. Okumura, 78 Hawai'i 383, 413 , 894 P.2d 80, 110 (1995) (quoting State v. Tamura, 63 Haw. 636, 639 , 633 P.2d 1115, 1118 (1981)) (ellipsis points in original); see also notes …
discussed Cited as authority (rule) State v. Okumura
Haw. · 1995 · confidence medium
In order to engage in meaningful review of a sentencing court’s decision without involving ourselves unduly in the exercise of the court’s discretion, we require the sentencing court to “state on the record its reasons for determining that commitment of the defendant for an extended term is necessary for protection of the public and ... enter into the record all findings of fact which are necessary to its decision.” State v. Tamura, 63 Haw. 636, 639 , 633 P.2d 1115, 1118 (1981) (quoting Huelsman, 60 Haw. at 92, 588 P.2d at 407 ).
discussed Cited as authority (rule) State v. Lian-Wen Chen
Haw. App. · 1994 · confidence medium
As we stated before: We are required to sustain the conviction “so long as there is substantial evidence [tending] to support the requisite finding[s] for [the] conviction.” State v. Matias, 74 Haw. 197, 207 , 840 P.2d 374, 379 (1992) (quoting State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992) (quoting State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981))).
discussed Cited as authority (rule) State v. Chow
Haw. App. · 1994 · confidence medium
We are required to sustain the eonviction[s] “‘so long as there is substantial evidence tending to support the requisite finding for conviction.’ ” State v. Matias, 74 Haw. 197, 207 , 840 P.2d 374, 379 (1992) (quoting State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992) (quoting State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981))).
discussed Cited as authority (rule) State v. Taliferro
Haw. App. · 1994 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ ‘It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’ ... is credible evi *201 dence which is of sufficient quality and probative value to enable a [per…
discussed Cited as authority (rule) State v. Gabrillo
Haw. App. · 1994 · confidence medium
We are required to sustain the conviction “ ‘so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” State v. Matias, 7A Haw. 197, 207, 840 P.2d 374, 379 (1992) (quoting State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992) (quoting State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981))).
discussed Cited as authority (rule) State v. Silva
Haw. · 1993 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ 'It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’... is credible evidence which is of sufficient quality and probative value to enable a [person] of r…
discussed Cited as authority (rule) State v. Kelekolio
Haw. · 1993 · confidence medium
On the other hand, “[t]he jury, as the trier of fact, is the sole judge of the credibility of witnesses [and] the weight of the evidence.” State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981) (citations omitted); State v. Summers, 62 Haw. 325, 332 , 614 P.2d 925, 930 (1980) (citations omitted).
discussed Cited as authority (rule) State v. Matias
Haw. · 1992 · confidence medium
State v. Ildefonso, 72 Haw. 573, 576 , 827 P.2d 648, 651 (1992); State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981). “ Tt matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for the conviction.’ ” Ildefonso, 72 Haw. at 576-77 , 827 P.2d at 651 (quoting Tamura, 63 Haw. at 637 , 633 P.2d at 1117 ). “ ‘Substantial evidence’ ... is credible evidence which is of sufficient quality and probative value to enable a man of reason…
examined Cited as authority (rule) State v. Tripp (3×)
Haw. · 1990 · confidence medium
State v. Tamura, 63 Haw. 636, 637, 633 P.2d 1115, 1117 (1981).
discussed Cited as authority (rule) State v. Okuda
Haw. · 1990 · confidence medium
Nonetheless, the State asserts that “there was substantial evidence from which the jury could reasonably infer that, although the Defendant did not know the specific reasons the clerks put in the affidavits, those reasons were false.” “[Viewing the evidence in the light most favorable to the [S]tate,” State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981), we do not believe there is substantial evidence that Defendant knew that the affidavits were falsely made or completed.
cited Cited as authority (rule) State v. Halmos
Haw. · 1988 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
cited Cited as authority (rule) State v. Sujohn
Haw. App. · 1985 · confidence medium
State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981) (citations omitted).
examined Cited "see" State v. Kikuta (4×)
Haw. · 2011 · signal: see · confidence high
See State v. Jhun, 83 Hawai`i 472, 483, 927 P.2d 1355, 1366 (1996) ("In a jury trial, the jury is the trier of fact and, thus, is the sole judge of the credibility of the witnesses and the weight of the evidence.") (Citing State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981)).
discussed Cited "see" State v. GABRIS (2×)
Haw. App. · 2008 · signal: see · confidence high
See State v. Tamura, 63 Haw. 636, 637-38 , 633 P.2d 1115, 1117 (1981).
discussed Cited "see" State v. MAKEKAU (2×)
Haw. App. · 2007 · signal: see · confidence high
See State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
discussed Cited "see, e.g." State v. Minh Ngoe Tran (2×)
Haw. App. · 2004 · signal: see also · confidence low
See also State v. Tamura, 63 Haw. 636, 637 , 633 P.2d 1115, 1117 (1981).
STATE OF HAWAII, Plaintiff-Appellee,
v.
DAVID GLEN TAMURA, Defendant-Appellant
NO. 7638; CRIMINAL NO. 52065.
Hawaii Supreme Court.
Sep 23, 1981.
633 P.2d 1115
Rogers M. Ikenaga on the brief for defendant-appellant., Mark S. Kawata, Deputy Prosecuting Attorney, on the brief for plaintiff-appellee.
Richardson, Ogata, Menor, Lum, Nakamura.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 76%
Citer courts: Hawaii Supreme Court (1)
Per Curiam.

This is an appeal by defendant-appellant David Glen Tamura from a jury conviction for robbery in the first degree under[*637] HRS § 708-840 and from the extended term sentence received by him under HRS § 706-661. We affirm.

I.

In the morning of May 10, 1980, Mrs. Shizuko Ohta and her employees were at Mrs. Ohta’s restaurant, Tanoue’s Saimin Delicatessen. Mrs. Ohta was in the restaurant’s kitchen when she was summoned by the janitor, Mr. Kinzo Taira, to follow him to the men’s restroom.

Once inside the restroom, Mrs. Ohta was confronted by a male with a handgun and his male companion.

Mrs. Ohta was wearing a wedding band and an engagement ring on her left hand. The male with the handgun told her to take off her rings. The companion then removed the rings from Mrs. Ohta’s finger.

The two men left the restroom with the engagement ring. The wedding band was later recovered on the floor of the restroom.

At trial, Mrs. Ohta positively identified appellant as the man with the handgun.

Appellant raises two issues on appeal.

II.

We are asked to decide whether the evidence presented at trial was legally sufficient to support the guilty verdict.

On appeal, the test to ascertain the legal sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the state, there is substantial evidence to support the conclusion of the trier of fact. State v. Summers, 62 Haw. 325, 331-32, 614 P.2d 925, 930 (1980); State v. Hernandez, 61 Haw. 475, 477, 605 P.2d 75, 77 (1980); State v. Hopkins, 60 Haw. 540, 542, 592 P.2d 810, 811 (1979). It matters not if a conviction under the evidence as so considered might be deemed to be against the weight of the evidence so long as there is substantial evidence tending to support the requisite findings for conviction. State v. Summers, supra at 332, 614 P.2d at 930; State v. Hernandez, supra at 478, 605 P.2d at 77; State v. Smith, 59 Haw. 456, 464, 583 P.2d 337, 343 (1978). The jury, as the trier of fact, is the sole judge of the credibility of witnesses or the weight of[*638] the evidence. State v. Summers, supra at 332, 614 P.2d at 930; State v. Kekaualua, 50 Haw. 130, 133, 433 P.2d 131, 133 (1967); State v. Carvelo, 45 Haw. 16, 33, 361 P.2d 45, 54 (1961).

The record shows that at trial Mrs. Ohta identified appellant as one of the perpetrators of the crime. Her in-court identification was bolstered by her testimony that she was able to identify appellant from a ten-person photographic lineup eight or nine days after the robbery. The record shows further that appellant’s fingerprints were taken from surfaces within the restroom.

Appellant seeks to cast doubt upon Mrs. Ohta’s in-court identification by pointing out that she had testified that she looked at the gunman only once and then just for an instance. Appellant’s emphasis on the evidence is misplaced. The record shows that Mrs. Ohta observed the gunman at several points in time. She observed him when he was holding a gun at her, when he locked the door, when he told her to take her rings off, and when he waited while the second male removed her rings.

Appellant also argues that Mr. Taira’s testimony and out-of-court statements cast doubt on the identification made by Mrs. Ohta. Specifically, appellant points to Mr. Taira’s failure to place appellant at the scene of the robbery and to conflicts in their testimonies.

We are of the opinion that appellant’s argument has to do with the weight of Mrs. Ohta’s in-court identification. We find that upon application of the established standards to the evidence adduced at trial, there was substantial evidence upon which to uphold the jury’s determination.

III.

The second issue is whether the extended term sentence was supported by adequate reasons and facts.

HRS § 706-662 sets forth a two-step process required of the trial court in the imposition of an extended term sentence. State v. Huelsman, 60 Haw. 71, 588 P.2d 394(1978). Under Huelsman, the first step involves a finding by the court that the defendant is within the class of offenders specified under the statute. After the first step of this process has been completed, the court must determine that the defendant’s commitment for an extended term is necessary for the protection of the public. Id. at 76-77, 588 P.2d at 398.

[*639] Rogers M. Ikenaga on the brief for defendant-appellant. Mark S. Kawata, Deputy Prosecuting Attorney, on the brief for plaintiff-appellee.

We also stated in Huelsman that “the sentencing court shall state on the record its reasons for determining that commitment of the defendant for an extended term is necessary for protection of the public and shall enter into the record all findings of fact which are necessary to its decision.” Id. at 92, 588 P.2d at 407.

The record supports the trial court’s findings that appellant was previously convicted of at least two felonies committed at different times subsequent to his eighteenth birthday, and that on the date of sentencing he was at least 22 years old. The trial court also found that appellant’s commitment for an extended term is necessary for the protection of the public.

The trial court in the instant case based the extended term sentence upon appellant’s lengthy criminal record, and the fact that the instant offense is his fourth felony conviction. The trial court also based its decision upon the manner in which appellant committed the offense, and the fact that a weapon was used in the commission of the crime:

Under the above circumstances, the trial court was justified in concluding that the defendant’s criminality was so extensive and required protection of the public to such an extent that the imposition of the extended term was warranted. State v. Alexander, 62 Haw. 112, 612 P.2d 110 (1980).

We conclude that the two-step process under Huelsman was satisfied.

Affirmed.