State v. Rice

Hawaii Supreme Court

State v. Rice

657 P.2d 1026, 66 Haw. 101

CourtHawaii Supreme Court

DecidedJanuary 28, 1983

DocketNO. 8627

StatusPublished

Cited by14 cases

This text of 657 P.2d 1026 (State v. Rice) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Rice, 657 P.2d 1026, 66 Haw. 101 (haw 1983).

Pincite

Opinion

Per Curiam.

This is an appeal from a conviction of prostitution. A single point is raised on appeal. Appellant pled guilty to the charge of prostitution and her attorney made an oral motion for a deferred acceptance of guilty plea under § 853-1, *102 HRS. The trial court held that under § 712-1200(4), he could not grant such a plea. Subsection 4 was added by Act 110 of the Session Laws of 1981. It provides:

Keith M. Kiuchi, Deputy Public Defender, on the briefs, for appellant. Arthur E. Ross, Deputy Prosecuting Attorney, and John M. Conte, law student intern, on the brief, for appellee.

Notwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows:

(a) For the first offense, a fine of $500 ....

Since the last amendment to § 853-1, HRS, was by § 42 of Act 232 of the Session Laws of 1980, we think that § 853-1, HRS, is “any other law to the contrary” and that the court below therefore correctly construed § 712-1200(4) as taking away his power to grant deferred acceptance of guilty pleas in prostitution cases.

Affirmed.

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Per Curiam.

This is an appeal from a conviction of prostitution. A single point is raised on appeal. Appellant pled guilty to the charge of prostitution and her attorney made an oral motion for a deferred acceptance of guilty plea under § 853-1, *102 HRS. The trial court held that under § 712-1200(4), he could not grant such a plea. Subsection 4 was added by Act 110 of the Session Laws of 1981. It provides:

Keith M. Kiuchi, Deputy Public Defender, on the briefs, for appellant. Arthur E. Ross, Deputy Prosecuting Attorney, and John M. Conte, law student intern, on the brief, for appellee.

Notwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows:

(a) For the first offense, a fine of $500 ....

Since the last amendment to § 853-1, HRS, was by § 42 of Act 232 of the Session Laws of 1980, we think that § 853-1, HRS, is “any other law to the contrary” and that the court below therefore correctly construed § 712-1200(4) as taking away his power to grant deferred acceptance of guilty pleas in prostitution cases.

Affirmed.

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Bluebook (online)

657 P.2d 1026, 66 Haw. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rice-haw-1983.

Opinion

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