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STATE v. DIAZ

No. SCWC-30324.

286 P.3d 824 (2012)

128 Haw. 215

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Atmarama D. DIAZ, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

October 18, 2012.

Attorney(s) appearing for the Case

Eric A. Seitz , Ronald N.W. Kim , Della A. Bellati , and Sarah R. Devine , Honolulu, for petitioner.

Stephen K. Tsushima , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that the District Court of the First Circuit (the court)1 erred in denying the November 27, 2009 Second Motion to Set Aside Bail Forfeiture and For Return of Bail (Second Motion) filed by Petitioner/Defendant-Appellee Atmarama D. Diaz (Petitioner) because under the circumstances Petitioner's incarceration in California established good cause under Hawai`i Revised Statutes (HRS) § 804-51 (Supp...

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