NOT FOR PUBLICATION
OF THE STATE OF HAWAI‘I
HAWAI‘I, Plaintiff-Appellee, v.
STEPHANIE M. PRAINO, Defendant-Appellant
FROM THE DISTRICT COURT OF THE FIRST CIRCUIT,
(HPD NO. 02486818)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe and Foley, JJ.)
Upon careful review of the record and the briefs submitted by the parties, we hold the district court lacked subject matter jurisdiction to accept Praino's plea of no contest and impose sentence because the State's oral charge of "[o]n or about December 11, 2002, you did violate Section 708-833, that's theft in the fourth degree, in the City and County of Honolulu, State of Hawaii," failed to adequately allege the essential or material elements of Theft in the Fourth Degree. State v. Cummings, 101 Hawai‘i 139, 63 P.3d 1109 (2003).
Therefore, the January 13, 2004 Judgment of the District Court of the First Circuit, Honolulu Division, is reversed.
DATED: Honolulu, Hawai‘i, May 6, 2005.
On the briefs:
Harrison L. Kiehm
(Law Office of Howard K.K. Luke)
1. The Honorable Russel Nagata presided.