State v. Keahi

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal by the State from an order of the circuit court granting a motion for the deferred acceptance of guilty plea. We remand.

In this case, appellee was charged with the offense of burglary in the first degree. After the trial had commenced and two witnesses had testified for the State, appellee, on September 10, 1981, entered a plea of nolo contendere.

At the hearing on appellee’s sentencing on November 12, 1981, appellee moved for a deferred acceptance of his plea and, over the State’s objection, the trial court granted his motion for a deferred…