Legal Opinion

State v. Souza.

Hawaii Supreme Court

Decided May 30, 2018No. SCWC-13-0002043PublishedCited by 1 opinion

1Opinion of the CourtOpinion Of The Court By Pollack, J.

In State v. Murray , 116 Hawai'i 3 , 169 P.3d 955 (2007), this court held that if a defendant offers to stipulate to the prior conviction element of a charged offense, the trial court must accept the stipulation. This appeal arises from a challenge by Tracy Souza asserting that the circuit court refused to accept his offer to stipulate to his prior felony conviction, which constituted an element of an offense with which he was charged. We hold that the manner in which the circuit court addressed Souza's offer to stipulate to the prior conviction element was inconsistent with our decision in…

2Cases cited23 opinions

  1. United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977
  2. State v. ArceoHawaii Supreme Court · 1996
  3. State v. KlingeHawaii Supreme Court · 2000
  4. State v. PachecoHawaii Supreme Court · 2001
  5. United States v. DoyleCourt of Appeals for the Second Circuit · 1997

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3Cited by1 opinion

  1. State v. AbellaHawaii Intermediate Court of Appeals · 2019

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