Opinion of the Court by ACOBA, J.
We hold that, to avoid manifest injustice, the conviction and sentence of Defendant-Appellant Timothy P. Fogel (Defendant) must be vacated because his plea was induced by the expressed inclination of the first circuit court (the court) to defer acceptance of his no-contest plea. Inasmuch as Defendant pled after trial had commenced, he was not eligible, under Hawai`i Revised Statutes (HRS) § 853-1 (1993 & Supp.2000), for a...
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