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STATE v. JOHNSON

No. 9488.

692 P.2d 1171 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Corrine JOHNSON, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

December 18, 1984.

Attorney(s) appearing for the Case

Gale L.F. Ching, Deputy Pros. Atty., Hawaii County, Hilo, for plaintiff-appellant.

Tim E. deSilva, Hilo, for defendant-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

The State (prosecutor) appeals the lower court's deferred acceptance of defendant Corrine Johnson's (Johnson) no contest plea. We dismiss the appeal for lack of appellate jurisdiction on the ground that the prosecutor cannot appeal a deferred acceptance of no contest plea (DANCP).

On May 27, 1983 Johnson pleaded no contest to three class B felonies and one class A felony and moved for a DANCP. At that time Hawaii Revised Statutes (HRS)...

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