NO.
26027
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE
OF HAWAI`I, Plaintiff-Appellee,
vs.
MICHAEL
ESTRELLA, Defendant-Appellant.
APPEAL
FROM THE SECOND CIRCUIT COURT
(CR. NO. 98-0749(2), CR. NO. 99-0255(2), CR. NO. 00-1-0371(2),
FC-CR NO. 00-1-0967(2))
ORDER
VACATING THE JUDGMENT OF CONVICTION AND REMANDING
THIS CASE TO THE CIRCUIT COURT WITH INSTRUCTIONS TO HOLD
AN EVIDENTIARY HEARING REGARDING THE ISSUE WHETHER THE
CIRCUIT COURT SHOULD TERMINATE DEFENDANT-APPELLANT MICHAEL
ESTRELLA'S
PARTICIPATION IN THE DRUG COURT PROGRAM
(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 Hawai`i's (Appellee State) confession of
error is supported by
the record and well-founded in law. State v. Hoang, 93 Hawai`i
333, 336, 3 P.3d
499, 502 (2000). The Circuit Court of the Second Circuit, State of
Hawai`i, the
Honorable Shackley F. Raffetto presiding, erred by terminating
Defendant-Appellant
Michael Estrella's participation in the drug court program (see HRS § 706-605.1
(Supp. 2003)) without first holding an evidentiary hearing on the issue
whether
the circuit court should terminate Appellant Estrella's participation
in the drug
court program based on the laboratory test results of Appellant
Estrella's hair
sample. Pursuant to the guarantees of procedural due process under the
fourteenth
amendment of the United States Constitution and article I, section 5 of
the Hawai`i
Constitution, Appellant Estrella was entitled to an evidentiary hearing
so that he
could adduce evidence in support of his defense, contest the validity
of adverse
evidence, and cross-examine adverse witnesses. Cf. Ringor v. State, 88 Hawai`i
229, 240, 965 P.2d 162, 173 (App. 1998); State v. Eline, 70 Haw.
597, 603-04, 778
P.2d 716, 720 (1989). Therefore, with respect to the July 15, 2003
judgment of
conviction against Appellant Estrella for the unauthorized control of a
propelled
vehicle in violation of HRS § 708-836 (1993 & Supp.
1998), promoting a detrimental
drug in the third degree in violation of HRS § 712-1249 (1993),
bail jumping in
the first degree in violation of HRS § 710-1024 (1993), promoting
a dangerous drug
in the third degree in violation of HRS § 712-1243 (1993 &
Supp. 2000), unlawful
possession of drug paraphernalia in violation of HRS § 329-43.5
(1993), and
criminal contempt of court in violation of HRS § 710-1077 (1993)
in the
consolidated cases of Criminal No. 98-0749, Criminal No. 99-0255,
Criminal No. 00-1-0371, and Family Court Criminal No. 00-1-0967,
IT IS HEREBY
ORDERED that the July 15, 2003 judgment of conviction against
Appellant Estrella is vacated, and this case is remanded the Circuit
Court of the
Second Circuit, State of Hawai`i, with instructions to hold an
evidentiary hearing
on the issue whether the drug court should terminate Appellant
Estrella's
participation in the drug court program.
DATED: Honolulu,
Hawai`i, June 15, 2004.