State v. Lee

OPINION OF THE COURT BY

WATANABE, J.

The dispositive issue in this appeal is whether a defendant’s probation may be revoked for his failure to comply with a special condition of probation, even though he was never provided with written notice of that condition, as required by Hawaii Revised Statutes (HRS) § 706-624(3) (Supp. 1992).

We answer in the negative and accordingly reverse the judgment below.

BACKGROUND

Following his plea of no contest to a charge of Sexual Assault in the Third Degree, Defendant-Appellant Arthur Lee (Defendant) was sentenced on January 11, 1989, to a term of five years’…