State v. Diaz.

Opinion of the Court by

ACOBA, J.

We hold that the District Court of the First Circuit (the court) 1 erred in denying the November 27, 2009 Second Motion to Set Aside Bail Forfeiture and For Return of Bail (Second Motion) filed by Petitioner/Defendant-Appellee Atmarama D. Diaz (Petitioner) because under the circumstances Petitioner’s incarceration in California established good cause under Hawai'i Revised Statutes (HRS) § 804-51 (Supp. 2009) for his failure to appear at his August 9, 2004 arraignment, and thus for why the January 15, 2010 bail forfeiture judgment herein should not be executed.…