State v. Nakatani

Annotate this Case

Download PDF

NO. 24546 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ STATE OF HAWAI#I, Petitioner, vs. THE HONORABLE GAIL C. NAKATANI, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, and MAXIMO CRISTOBAL, JR., Real Parties in Interest, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (CR. NO. 00-1-1962) ORDER Upon consideration of the petition for a writ directed to a judge filed by Petitioner State of Hawai#i and the papers in support, it appears that: (1) the respondent judge entered an order granting Defendant-Respondent Maximo Cristobal, Jr. s motion for a deferred acceptance of guilty (DAG) plea in State v. Cristobal, Cr. No. 00-1-1962; (2) Petitioner contends DefendantRespondent Cristobal was ineligible for a DAG plea because he had received a DAG plea in 1981; (3) pursuant to HRS § 853-4(11), a defendant cannot be granted a DAG plea where the defendant has been charged with a felony offense and has been previously granted a DAG plea for a prior offense, regardless of whether the period of deferral has already expired; and (4) DefendantRespondent Cristobal acknowledges that he previously received a DAG plea and was not entitled to receive a DAG plea in the instant case. Therefore, IT IS HEREBY ORDERED that: (1) the petition for a writ of mandamus is granted; (2) the order granting the deferred acceptance of guilty plea in State v. Cristobal, Cr. No. 00-11962, is vacated; and (3) this matter is remanded to the circuit court for resentencing. DATED: Honolulu, Hawai#i, November 16, 2001. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.