State v. Vaitogi

OPINION OF THE COURT BY

RICHARDSON, C.J.

Defendant, Malu Vaitogi, appeals from the judgment of the district court of the first circuit, the Honorable James Y. Shigemura, judge, presiding, sentencing him to 25 days in Halawa Jail for two counts of assault in the third degree. HRS § 707-712 (1976 Repl.).

We reverse.

On May 12, 1976, appellant’s counsel, on behalf of appellant, entered a plea of guilty to two counts of assault in the third degree and to two counts of contempt for previously failing to appear in court. The trial judge neither formally acknowledged nor accepted appellant’s guilty…