State v. Garcia
Annotate this CaseDefendant pleaded no contest to continuous sexual assault of a minor under the age of fourteen and abuse of a family or household member. The family court accepted the plea agreement, found Defendant guilty as charged, and ordered the preparation of a pre-sentence investigation (PSI) report. Before sentencing, the prosecutor submitted a letter and three exhibits to the probation office for inclusion in Defendant’s PSI report that included recommendations relevant to sentencing. The submission would have been forwarded to the Hawaii Paroling Authority for its consideration at the minimum term hearing. Defendant moved to withdraw his no contest plea, arguing that the prosecutor’s submission constituted a breach of the plea agreement. The family court denied the motion. The Supreme Court vacated the family court’s findings and order, holding that the prosecutor’s submission of the letter and exhibits was a fair and just reason for Defendant’s withdrawal of his plea, and the State did not satisfy its burden to demonstrate substantial prejudice if the motion to withdraw the plea was granted. Remanded.
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