Haw. Rev. Stat. § 853-1
the court, without accepting the plea of nolo contendere or entering a judgment of guilt and with the consent of the defendant and after considering the recommendations, if any, of the prosecutor, may defer further proceedings.
HRS § 853-1
Deferred acceptance of guilty plea constitutes a form of punishment under the Assimilated Crimes Act. 866 F.2d 315. Procedure (under earlier program) does not impose an impermissible burden on exercise of right of trial by jury. 58 H. 304, 568 P.2d 1194. Under procedures established before enactment of this section, it was held that a motion for DAG plea was not seasonably made after a plea of not guilty and a trial resulting in a finding of guilt.58 Haw. 412,570 P.2d 1323. Denial of motion for DAGP is within discretion of trial court. 59 H. 562, 584 P.2d 126. DAG plea is not a conviction and may not be used for impeachment purposes.62 Haw. 259, 614 P.2d 386. Did not limit trial court's power to accept nolo contendere plea to cases where plea is entered before trial begins. 66 H. 364, 662 P.2d 212. Deferred acceptance of guilty and no contest pleas are not appealable.69 Haw. 438,746 P.2d 568. The tolling provisions under § 706-627 apply to deferral periods pursuant to a deferred acceptance of guilty plea.92 Haw. 322,991 P.2d 832. A conditional plea under HRPP rule 11(a)(2) is inconsistent with the granting of a deferred acceptance of guilty plea pursuant to this chapter; defendant's appeal from trial court's order granting motion for deferred plea did not provide a jurisdictional basis for review of an adverse pretrial suppression order purportedly preserved by the trial court's allowance of defendant's conditional plea.95 Haw. 309,22 P.3d 588. Where defendant entered no contest plea after trial commenced, pursuant to subsection (a)(1), defendant was not eligible for plea deferral; only available remedy to defendant was to permit defendant to withdraw plea. 95 H. 398, 23 P.3d 733. In connection with the conditions from § 706-624 that are incorporated by reference in this section, the "provision" in § 706-624(3) that requires a defendant who is granted probation to be given a written copy of the conditions, must necessarily apply to a defendant granted a deferred acceptance of guilty plea, who must adhere to such similar conditions.118 Haw. 15,185 P.3d 200. Where State did not file a written motion to revoke defendant's deferred acceptance of guilty plea, the probationary period was not tolled; thus, as the deferment period had expired two months earlier, trial court lacked jurisdiction to revoke defendant's deferred acceptance of guilty plea.118 Haw. 15,185 P.3d 200. Where the State promised as a condition of the plea agreement to "take no position" on petitioner's deferred acceptance of no contest plea (DANCP) motion but prosecutor's comments directly addressed the issues pertinent to the motion, the terms of the agreement were not fulfilled and petitioner was denied petitioner's due process rights; because this contravention of petitioner's DANCP plea agreement violated petitioner's fundamental rights and resulted in manifest injustice, this was plain error under HRPP rule 52, the error was not harmless beyond a reasonable doubt and sentencing by another judge was the proper remedy. 122 H. 92, 223 P.3d 157. Granting or denial of motion for DAG plea is within discretion of trial court and will not be disturbed unless there has been manifest abuse. 1 H. App. 157, 616 P.2d 227. This chapter does not prohibit trial court's inherent power to grant or deny deferred acceptance of nolo contendere pleas. 1 H. App. 602, 623 P.2d 892. Subsection (a)(1)'s requirement that defendant plead guilty "prior to commencement of trial" means that it be done prior to commencement of first trial; defendant's plea of guilty after first trial and before new trial did not satisfy that requirement. 10 H. App. 31, 859 P.2d 1380. In light of § 706-624(n), family court was authorized to require defendant to undergo polygraph testing as a reasonable condition of the granting of defendant's deferred acceptance of nolo contendere plea under this section.92 Haw. 289 (App.),990 P.2d 1171. Mentioned:74 Haw. 75,837 P.2d 776; 10 H. App. 148,861 P.2d 759.