NOT FOR PUBLICATION
IN THE INTERMEDIATE COURT OF APPEALS
OF HAWAI`I, Plaintiff-Appellee, v.
TOMMY G. MARTIN, Defendant-Appellant
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Lim and Foley, JJ.)
Upon a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we conclude that the record fails to affirmatively demonstrate that Martin's no contest plea was knowing and voluntary. State v. Solomon, No. 24470, slip op. at 20-21 (Haw. filed April 29, 2005); State v. Nguyen, 81 Hawai`i 279, 292, 916 P.2d 689, 702 (1996).
IT IS HEREBY ORDERED that the family court's March 11, 2004 order is reversed, its July 9, 2003 judgment of conviction and sentence is vacated, and the case is remanded for a new change of plea hearing.
DATED: Honolulu, Hawai`i, May 25, 2005.
Lionel M. Riley,
Janet R. Garcia,
Deputy Prosecuting Attorney,
County of Hawai`i,
1. The Honorable
Barbara T. Takase conducted the change of plea hearing. The Honorable
Chillingworth heard and decided the motion to withdraw no contest plea.