NOT FOR PUBLICATION

NO. 27033




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I






STATE OF HAWAI`I, Plaintiff-Appellee, v.
DEAN T. SUZUKI, Defendant-Appellant






APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 03-1-0341(2))





SUMMARY DISPOSITION ORDER
(By: Watanabe, Acting C.J., Lim and Nakamura, JJ.)

Dean T. Suzuki (Defendant) appeals the October 22, 2004 judgment of the Circuit Court of the Second Circuit (circuit court), (1) and the November 23, 2004 order that denied Defendant's October 5, 2004 motion to withdraw his pleas of no contest.

After 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 decide that the circuit court did not abuse its discretion in denying Defendant's motion to withdraw his no contest pleas. State v. Gomes, 79 Hawai`i 32, 36, 897 P.2d 959, 963 (1995). The record in this case demonstrates that Defendant failed to "advance[  ] a claim of new information or changed circumstances" justifying withdrawal of his no contest pleas before sentencing. Id. at 39, 897 P.2d at 966.

Therefore,

IT IS HEREBY ORDERED that the circuit court's October 22, 2004 judgment and its November 23, 2004 order are affirmed.

DATED: Honolulu, Hawai`i, June 28, 2006


On the briefs:


Earle A. Partington,
for Defendant-Appellant.

Arleen Y. Watanabe,
Deputy Prosecuting Attorney,
County of Maui,
for Plaintiff-Appellee.




1.      The Honorable Shackley F. Raffetto presided.