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STATE v. KEALAIKI

No. 23484.

22 P.3d 588 (2001)

95 Hawaii 309

STATE of Hawai`i, Plaintiff-Appellee, v. Henry James KEALAIKI, aka Henry James Kealaiki, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

April 26, 2001.

Attorney(s) appearing for the Case

David A. Fisher, Deputy Public Defender, on the briefs, for defendant-appellant.

Richard K. Minatoya, Deputy Prosecuting Attorney, County of Maui, on the briefs, for plaintiff-appellee.

MOON C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

Opinion of the Court by ACOBA, J.

We hold that a conditional plea under Hawai`i Rules of Penal Procedure (HRPP) Rule 11(a)(2) is inconsistent with the granting of a deferred acceptance of a guilty plea pursuant to Hawai`i Revised Statutes (HRS) chapter 853, the former premised on the acceptance of guilty or no contest pleas and the latter on the deferral of that acceptance. The policies embodied in these provisions are not reconcilable. We are led, then, to the conclusion...

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