IN THE SUPREME COURT OF THE STATE OF HAWAI`I
_____________________________________________________________________________
STATE OF HAWAI`I, Petitioner,
vs.
THE HONORABLE GAIL C. NAKATANI, JUDGE OF THE CIRCUIT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI`I, and
MAXIMO CRISTOBAL, JR., Real Parties in Interest,
Respondents.
ORIGINAL PROCEEDING
(CR. NO. 00-1-1962)
ORDER
Upon consideration of the petition for a writ directed to a judge filed by Petitioner State of Hawai`i and the papers in support, it appears that: (1) the respondent judge entered an order granting Defendant-Respondent Maximo Cristobal, Jr.'s motion for a deferred acceptance of guilty (DAG) plea in State v. Cristobal, Cr. No. 00-1-1962; (2) Petitioner contends Defendant-Respondent Cristobal was ineligible for a DAG plea because he had received a DAG plea in 1981; (3) pursuant to HRS § 853-4(11), a defendant cannot be granted a DAG plea where the defendant has been charged with a felony offense and has been previously granted a DAG plea for a prior offense, regardless of whether the period of deferral has already expired; and (4) Defendant-Respondent Cristobal acknowledges that he previously received a DAG plea and was not entitled to receive a DAG plea in the instant case. Therefore,
IT IS HEREBY ORDERED that: (1) the petition for a writ of mandamus is granted; (2) the order granting the deferred acceptance of guilty plea in State v. Cristobal, Cr. No. 00-1-1962, is vacated; and (3) this matter is remanded to the circuit court for resentencing.
DATED: Honolulu, Hawai`i, November 16, 2001.