NO.
25938
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE
OF HAWAI`I, Plaintiff-Appellee,
vs.
CHRISTOPHER
M. CAMPBELL, Defendant-Appellant.
APPEAL
FROM THE FIRST CIRCUIT COURT
(CR. NO. 02-1-2845)
ORDER
VACATING THE JUDGMENT OF CONVICTION AND REMANDING THIS
CASE TO THE CIRCUIT COURT
WITH INSTRUCTIONS TO HOLD A NEW TRIAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)
Upon review of the parties' briefs and the record, it appears that
Plaintiff-Appellee State of Hawaii's (Appellee State) confession of the
circuit court's
error is supported by the record and well-founded in law. State v. Hoang, 93
Hawaii 333, 336, 3 P.3d 499, 502 (2000). During Defendant-Appellant
Christopher
M. Campbell's (Appellant Campbell) trial for robbery in the first
degree in
violation of HRS § 708-840(1)(b)(ii) (Supp. 2003), the
circuit court, the
Honorable Michael D. Wilson presiding, plainly erred when the circuit
court failed
to establish through an on-the-record colloquy directly with Appellant
Campbell
that Appellant Campbell knowingly and voluntarily waived his
constitutional right
to testify. State v. Staley,
91 Hawai`i 275, 287, 982 P.2d 904, 916 (1999)
(defense counsel may not waive a defendant's constitutional right to
testify; only
the defendant may relinquish the right to testify). Therefore,
IT IS HEREBY
ORDERED that Appellant Campbell's conviction for robbery in the first
degree in violation of HRS § 708-840(1)(b)(ii) (Supp.
2003) is vacated, and this
case is remanded the Circuit Court of the First Circuit, State of
Hawai`i, with
instructions to hold a new trial.
DATED: Honolulu,
Hawai`i, May 21, 2004.