State v. Brown

In this case, we affirm the power of the trial judge in a criminal case to hear and grant a motion to defer acceptance of a nolo contendere 1 plea.

Defendant was charged with the offense of unauthorized control of propelled vehicle in violation of Hawaii Revised Statutes (HRS) § 708-836 (1976). In response, he filed a Plea of Nolo Contendere and a Motion to Defer Acceptance of Nolo Contendere [Plea]. 2

The lower court allowed 3 the defendant to plead nolo contendere, granted the motion and deferred acceptance of defendant’s plea for a period of 36 months on condition that defendant make…