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