State v. Shannon

Dissenting Opinion by

NAKAYAMA, J.

I respectfully dissent. Pursuant to the following discussion, I believe that the plain language of Hawai'i Revised Statutes (HRS) § 853-l(b) (1993 & Supp.2007) as it applies to HRS § 706-624(3) (1993 & Supp.2007) is ambiguous, and would hold that actual notice of the terms and conditions of a deferred acceptance of guilty plea (“DAG plea”) is sufficient to satisfy considerations of fairness to the defendant in this ease, Eric Kanoa Shannon (“Shannon”).

I. DISCUSSION

A. In My View, the Plain Language Of HRS § 853-l(b) As It Applies To HRS § 706-624(3) Is…