State v. Kealaiki

Opinion of the Court by

ACOBA, J.

We hold that a conditional plea under Hawaii Rules of Penal Procedure (HRPP) Rule 11(a)(2) is inconsistent with the granting of a deferred acceptance of a guilty plea pursuant to Hawai'i Revised Statutes (HRS) chapter 853, the former premised on the acceptance of guilty or no contest pleas and the latter on the deferral of that acceptance. The policies embodied in these provisions are not reconcilable. We are led, then, to the conclusion that the appeal of Defendant-Appellant Henry James Kealaiki (Defendant) from the order of the second circuit court (the…