*** NOT FOR PUBLICATION ***
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee,
HRISTO TONTCHEV DIMOV, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD Traffic No. 5651102MO)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon careful review of the record and the briefs submitted by the parties, the State of Hawai`i (hereinafter "the prosecution") concedes that the district court failed to comply with the Tachibana requirement of obtaining an on-the-record waiver from Dimov regarding his right to testify. See Tachibana v. State, 79 Hawai`i 226, 236, 900 P.2d 1293, 1303 (1995). We further conclude that the prosecution's confession of error is supported by the record and is well-founded in law. See State v. Wasson, 76 Hawai`i 415, 418, 879 P.2d 520, 523 (1994); Territory v. Kogami, 37 Haw. 174, 175 (1945). Therefore,
IT IS HEREBY ORDERED that the district court's judgment of conviction is vacated and the case is remanded to the district court for retrial.
DATED: Honolulu, Hawai`i, February 15, 2005.
On the briefs:
Jon Ikenaga, deputy
public defender, for
Hristo Tontchev Dimov