State v. Fogel

Opinion of the Court by

ACOBA, J.

We hold that, to avoid manifest injustice, the conviction and sentence of Defendant-Appellant Timothy P. Fogel (Defendant) must be vacated because his plea was induced by the expressed inclination of the first circuit court (the court) to defer acceptance of his no-contest plea. Inasmuch as Defendant pled after trial had commenced, he was not eligible, under Hawai'i Revised Statutes (HRS) § 853-1 (1993 & Supp.2000), for a plea deferral, and, on remand, the only remedy available to him is the withdrawal of his plea.

I

Defendant was charged in a February 3, 1999…