State v. Dicks

DISSENTING OPINION OF

KOBAYASHI, J.,

WITH WHOM

CIRCUIT JUDGE SODETANI JOINS

I dissent.

As the majority correctly declares, this court will not interfere with a trial judge’s denial of a motion to withdraw a guilty plea in the absence of a clear abuse of discretion. However, in view of three factors, namely, the questionable circumstances under which the trial judge accepted the defendants’ guilty pleas, the plausibility of the defendants’ explanation of their mistaken beliefs in making their pleas, and the timeliness of defendants’ motion, I believe that the trial judge clearly abused his…