State v. Sakamoto

Concurring Opinion by

ACOBA, J.

I concur in the result reached because, in the absence of the legislature’s prohibition of a deferred acceptance of guilty (DAG) or deferred acceptance of no contest (DANC) plea for a particular offense, a trial court has the inherent power to grant or deny a DAG or DANC plea. Inasmuch as the legislature has not prohibited a DANC plea with respect to assault in the second degree, Hawai'i Revised Statutes (HRS) § 707-711(1)(a) (1993),1 it was within the inherent power of the first circuit court (the court) to grant or to deny the motion of Defendant-Respondent…