State v. PhillipsAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the judgment of the district court accepting Defendant's pleas of no contest to open lewdness and disorderly conduct, holding that the trial judge erred in denying Defendant's oral motion to defer the acceptance of her no contest plea (motion for DANC).
The State and Defendant reached an agreement where Defendant would plead no contest to the charges against her, the State would recommend five days of jail time and would not object to a subsequent motion for DANC, provided that Defendant be placed on unsupervised probation for six months. After Defendant made an oral motion for DANC the district court denied the motion on the basis that Defendant did not wish to stay in Hawaii during the six-month probation period. The ICA affirmed. The Supreme Court vacated and remanded, holding that the district court abused its discretion in denying Defendant's motion for DANC where defense counsel stated that Defendant would be willing to return to Hawaii and the court did not specifically consider the factors described in Haw. Rev. Stat. 853-1.