State v. Johnson

OPINION OF THE COURT BY

BURNS, C. J.

The State (prosecutor) appeals the lower court’s deferred acceptance of defendant Corrine Johnson’s (Johnson) no contest *358plea. We dismiss the appeal for lack of appellate jurisdiction on the ground that the prosecutor cannot appeal a deferred acceptance of no contest plea (DANCP).

On May 27, 1983 Johnson pleaded no contest to three class B felonies and one class A felony and moved for a DANCP. At that time Hawaii Revised Statutes (HRS) chapter 853 specifically authorized only deferred acceptance of guilty pleas (DAGPs), not DANCPs. However, Act 290, 1983 Haw.…