ICA finds error in failing to provide written notice of conditions for DAG plea
State v. Shannon (ICA Sept. 28, 2007) Background. Shannon pleaded guilty to Criminal Trespass in the Second Degree and made an oral motion for a deferred acceptance of guilty (DAG) plea, which was granted by the district court over the State's objection. The district court then imposed special conditions that he remain arrest-and-conviction free, perform 40 hours of community service, and pay a $25 fee. At a proof-of-compliance hearing, the State asserted that Shannon had violated the conditions of his DAG plea based on incidents occurring at least six months after the DAG plea was granted, and made a motion to set aside the DAG plea. The district court granted the State's motion, and filed judgment. Failure to receive written copy of DAG plea conditions amounts to reversible error. The DAG statute, HRS §853-1, incorporates the enumerated conditions in HRS § 706-624, which allows the courts to attach certain conditions to probation sentences or the suspension of a sentence. H...