Hawaii Revised Statutes 853. Criminal Procedure: Deferred Acceptance of Guilty Plea, Nolo Contendere Plea

853-1 Deferred Acceptance of Guilty Plea or Nolo Contendere Plea; Discharge and Dismissal, Expungement of Records.
(a) Upon proper motion as provided by this chapter: (1) When a defendant voluntarily pleads guilty or nolo contendere, prior to commencement of trial,...
853-2 Plea of Guilty or Nolo Contendere; Procedure.
Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section...
853-3 Violation of Terms and Conditions During Deferment; Result.
Upon violation of a term or condition set by the court for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere...
853-4 Chapter Not Applicable; When.
(a) This chapter shall not apply when: (1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person; (2) The offense...

Note

Chapter heading amended by L 1983, c 290, 1.

Case Notes

A conditional plea under HRPP 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 (2001).

Last modified: October 27, 2016