State v. Turner (Dissenting Opinion by J. Acoba)

DISSENTING OPINION OF ACOBA, J.

I dissent.

Because the court never accepted Defendant's no contest pleas, see HRPP Rule 11(2)(b) ("[A plea of] nolo contendere . . . shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice." (Emphasis added.)) and (c) ("The court shall not accept a plea of guilty of nolo contendere without first addressing the defendant personally in open court and determining that he [or she] understands the following: . . . ." (emphasis added)), it could not properly enter a judgment of conviction and sentence him. Accordingly, I would vacate the judgment and sentence and remand the case.