[DOWNLOAD] "State V. Oshiro" by Hawaii Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State V. Oshiro
- Author : Hawaii Supreme Court
- Release Date : January 24, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In this original proceeding, Petitioner State of Hawaii (hereinafter "State") seeks the issuance of a writ of mandamus and/or prohibition for an order vacating the trial court's grant of a deferred acceptance of no contest (hereinafter "DANC") plea to Respondent Edwin R. Aton, Jr. (hereinafter "Aton") pursuant to Hawaii Revised Statutes (hereinafter "HRS") chapter 853 (1985). State had charged Aton with second-degree negligent homicide under HRS § 707-704 (1985). State contends that 1) a writ of mandamus and/or prohibition is the only appropriate remedy since no appeal exists from the grant of a DANC plea; and 2) the trial court abused its discretion because no DANC plea may be given for any negligent homicide case. We agree that State cannot appeal from the grant of a DANC plea but discern no abuse of discretion. The issuance of a writ is therefore denied.