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State v. Merino

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eBook details

  • Title: State v. Merino
  • Author : Hawaii Supreme Court
  • Release Date : January 11, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

OPINION OF THE COURT BY LEVINSON, J. The defendant-appellant William Merino appeals the March 12, 1992 judgment of the first circuit court convicting him, following the entry of a plea of no contest,1 of criminal conspiracy in violation of Hawai'i Revised Statutes (HRS) § 705-520 (1993). In substance, Merino raises two points of error on appeal, namely, that the circuit court: (1) erred in allowing him to plead no contest in the first place because (a) the complaint charging him with criminal conspiracy was fatally defective, giving rise to plain error, because it ""failed to sufficiently allege the elements of conspiracy,"" (b) the factual basis proffered by the prosecution prior to the entry of his no contest plea was insufficient to support the complaint, and (c) he had not validly waived his right to counsel, likewise giving rise to plain error; and (2) committed an abuse of discretion in denying his motion to withdraw his no contest plea. We disagree and affirm Merino's conviction.


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