State v. Kahalewai

OPINION OF THE COURT BY

WAKATSUKI, J.

Kenneth Kahalewai was charged with first degree robbery and third degree assault. Pursuant to a plea bargain, Kahalewai pled no contest to a reduced charge of second degree robbery and to the assault charge. One of the terms of the plea bargain was that Kahalewai would not request probation.

Contrary to the terms of the plea bargain, Kahalewai, prior to sentencing, sent a letter to the court requesting probation. The letter was attached to the presentence investigation report.

On the date of sentencing, the State argued that the plea agreement had been…