HRS 0853-0001 ANNOTATIONS

L 2000, c 115, §4 provides:

"SECTION 4. This Act shall not apply to any person who has entered a plea under section 853-1, Hawaii Revised Statutes, prior to its effective date [May 22, 2000]."

Deferred acceptance of guilty plea constitutes a form of punishment under the Assimilated Crimes Act. 866 F.2d 315.

Procedure (under earlier program) does not impose an impermissible burden on exercise of right of trial by jury. 58 H. 304, 568 P.2d 1194.

Under procedures established before enactment of this section, it was held that a motion for DAG plea was not seasonably made after a plea of not guilty and a trial resulting in a finding of guilt. 58 H. 412, 570 P.2d 1323.

Denial of motion for DAGP is within discretion of trial court. 59 H. 562, 584 P.2d 126.

DAG plea is not a conviction and may not be used for impeachment purposes. 62 H. 259, 614 P.2d 386.

Did not limit trial court's power to accept nolo contendere plea to cases where plea is entered before trial begins. 66 H. 364, 662 P.2d 212.

Deferred acceptance of guilty and no contest pleas are not appealable. 69 H. 438, 746 P.2d 568.

The tolling provisions under §706-627 apply to deferral periods pursuant to a deferred acceptance of guilty plea. 92 H. 322, 991 P.2d 832.

A conditional plea under Hawaii rules of penal procedure rule 11(a)(2) is inconsistent with the granting of a deferred acceptance of guilty plea pursuant to this chapter; defendant's appeal from trial court's order granting motion for deferred plea did not provide a jurisdictional basis for review of an adverse pretrial suppression order purportedly preserved by the trial court's allowance of defendant's conditional plea. 95 H. 309, 22 P.3d 588.

Where defendant entered no contest plea after trial commenced, pursuant to subsection (a)(1), defendant was not eligible for plea deferral; only available remedy to defendant was to permit defendant to withdraw plea. 95 H. 398, 23 P.3d 733.

Granting or denial of motion for DAG plea is within discretion of trial court and will not be disturbed unless there has been manifest abuse. 1 H. App. 157, 616 P.2d 227.

This chapter does not prohibit trial court's inherent power to grant or deny deferred acceptance of nolo contendere pleas. 1 H. App. 602, 623 P.2d 892.

Subsection (a)(1)'s requirement that defendant plead guilty "prior to commencement of trial" means that it be done prior to commencement of first trial; defendant's plea of guilty after first trial and before new trial did not satisfy that requirement. 10 H. App. 31, 859 P.2d 1380.

In light of §706-624(n), family court was authorized to require defendant to undergo polygraph testing as a reasonable condition of the granting of defendant's deferred acceptance of nolo contendere plea under this section. 92 H. 289 (App.), 990 P.2d 1171.

Mentioned: 74 H. 75, 837 P.2d 776; 10 H. App. 148, 861 P.2d 759.