State v. Malivao

Opinion of the Court by

FOLEY, J.

Defendant-Appellant Setefano Malivao (Malivao) appeals the Second Amended Judgment filed on February 27, 2003 in the Circuit Court of the First Circuit (circuit court). 1

On appeal, Malivao contends the circuit court erred or plainly erred by denying his motion to withdraw his no contest plea before his sentence was imposed.

I

On September 26, 2001, Malivao was charged by indictment with Sexual Assault in the Third Degree in violation of Hawaii Revised Statutes (HRS) § 707-732(l)(b) (Supp. 2003). 2

On May 31, 2002, Malivao signed a written “No Contest Plea” form,…