2015 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
853. Criminal Procedure: Deferred Acceptance of Guilty Plea, Nolo Contendere Plea
853-3 Violation of terms and conditions during deferment; result.
§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 plea, the court may enter an adjudication of guilt and proceed as otherwise provided. [L 1976, c 154, pt of §2; am L 1983, c 290, §4]
Case Notes
Because a court's course of action following revocation of a deferred acceptance of guilty plea is expressly set forth in this section, no need or justification arises for resort to any other statute, such as §706-625(5). 93 H. 362, 3 P.3d 1239 (2000).
Section 706-625(5), which permits a trial court on revocation of probation to impose any sentence that might have originally been imposed at the time of conviction, does not apply to the sentencing procedure attendant to revocation of a deferred acceptance of guilty plea, which is already specifically governed by this section. 93 H. 362, 3 P.3d 1239 (2000).
No abuse of discretion where family court concluded that defendant's refusal to take polygraph examination, resulting in defendant's termination from sex offender treatment program, constituted a violation of the terms and conditions of the deferred acceptance of nolo contendere plea order, warranting that it be set aside. 92 H. 289 (App.), 990 P.2d 1171 (1999).
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