A prisoner convicted of a 1994 double murder has persuaded the state appeals court to order a hearing on whether the Hawaii Paroling Authority increased his minimum term from 40 years to 50 years out of vindictiveness because he had earlier successfully challenged his sentence.

Raita Fukusaku represented himself in 2007 in challenging the parole authority’s decision to increase the minimum term he must serve before he is eligible for parole.

Fukusaku was convicted in 1995 of two counts of murder for the shooting of Toako "Koto­tome" Fujita, who was found in the bedroom closet of her Ala Moana Boulevard penthouse apartment, and her son Goro Fujita, who was found in a car on fire at a parking lot of a Waikiki hotel.

Fukusaku was sentenced to two life terms and ordered by a state judge to serve at least 30 years in prison. The paroling authority later set his minimum term at 40 years before he could be released on parole.

The Hawaii Supreme Court later affirmed the convictions but set aside the judge’s minimum sentence. Fuku­saku was resentenced to two life terms by the judge but not ordered to serve any minimum.

When the paroling authority reset the minimum term under the new sentence, it ordered Fuku­saku to serve a minimum of 50 years.

Fukusaku challenged the 50-year minimum, but his request was rejected by a state judge without a hearing.

In a 19-page unanimous opinion issued Tuesday and written by Chief Appeals Judge Craig Naka­mura, the three-judge panel ruled that the judge should have held a hearing on the challenge.

The court said at the hearing that the judge must determine whether paroling authorities were "motivated by an intent to punish Fuku­saku for successfully challenging his court-imposed sentence."