NO. 29529
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
SANDRA SUE DIAZ, Petitioner-Defendant
vs.
STEVEN S. ALM, Circuit
Court
Judge of
the First Circuit, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING MOTION
FOR RECONSIDERATION
(By: Duffy, J. for the court (1))
Upon review of the Petitioner's Motion for Reconsideration, its
appendices, and
the record, it appears a judge has discretion to determine whether bail
bond
continues after conviction. See HRS § 804-6. Petitioner
has not shown a flagrant
and manifest abuse of that discretion and may seek review by way of
appeal. See
State v. Lo, 116 Hawai‘i 23, 25-26, 169 P.3d 975, 977-976
(2007). Therefore,
IT IS HEREBY ORDERED, pursuant to Rule 21(c) of the Hawai‘i Rules of
Appellate
Procedure, that the application is denied.
DATED: Honolulu, Hawai‘i, December 30, 2008.
J. Acoba Dissenting:
I
respectfully dissent and would grant the motion for reconsideration.
1. Considered by: Moon,
C.J., Levinson, Nakayama, and Duffy, JJ.; Acoba, J.,
Dissenting