§712-1255 Conditional discharge. (1)
Whenever any person who has not previously been convicted of any offense under
this chapter or chapter 329 or under any statute of the United States or of any
state relating to a dangerous drug, harmful drug, detrimental drug, or an
intoxicating compound, pleads guilty to or is found guilty of promoting a
dangerous drug, harmful drug, detrimental drug, or an intoxicating compound
under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250,
the court, without entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place the accused on probation upon
terms and conditions. Upon violation of a term or condition, the court may
enter an adjudication of guilt and proceed as otherwise provided.
(2) Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings
against the person.
(3) Discharge and dismissal under this section
shall be without adjudication of guilt and is not a conviction for purposes of
this section or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
(4) There may be only one discharge and
dismissal under this section with respect to any person.
(5) After conviction, for any offense under
this chapter or chapter 329, but prior to sentencing, the court shall be
advised by the prosecutor whether the conviction is defendant's first or a
subsequent offense. If it is not a first offense, the prosecutor shall file an
information setting forth the prior convictions. The defendant shall have the
opportunity in open court to affirm or deny that the defendant is identical
with the person previously convicted. If the defendant denies the identity,
sentence shall be postponed for such time as to permit the trial, before a jury
if the defendant has a right to trial by jury and demands a jury, on the sole
issue of the defendant's identity with the person previously convicted. [L
1972, c 9, pt of §1; am L 1987, c 176, §10; gen ch 1993]
Case Notes
Conditional discharge procedures are not applicable to
offense under §712-1247(1)(e), which is not included among the offenses listed
in this section. 58 H. 412, 570 P.2d 1323 (1977).
Conditional discharge of defendant under this section is not
a final disposition of the case appealable by the State. 60 H. 576, 592 P.2d
832 (1979).
Order granting belated motion for reconsideration or
correction of sentence and conditional discharge under section is not a
reversal of criminal conviction for purposes of Hawaii Supreme Court rule 2.13
(attorneys convicted of crimes). 73 H. 172, 829 P.2d 1329 (1992).
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1977–2024 · leading case:
State v. Frazer, 375 P.3d 267 (Haw. App. 2016).
State v. Frazer, 375 P.3d 267 (Haw. App. 2016).
· cites it 37× “In its Dismissal Order, the Circuit Court referred to the grant of a conditional discharge, deferral of the proceedings, and placement on probation under HRS § 712-1255 as being “sentenced” to a “conditional discharge” under HRS § 712-1255.”
State v. Stachler, 570 P.2d 1323 (Haw. 1977).
· cites it 6× “10 It is true that the conditional discharge procedures provided by HRS § 712-1255 (Special Pamphlet, 1975) are available to any person who pleads guilty to or is found guilty of certain drug-related offenses, and are not foreclosed by a not guilty plea followed by a trial and a…”
State v. Chun, 4 P.3d 523 (Haw. App. 2000).
· cites it 14× “On June 25,1998, Chun filed a Motion for Conditional Discharge based on HRS § 712-1255 (1993). The court sentenced Chun on June 29,1998.”
State v. Bikle, 592 P.2d 832 (Haw. 1979).
· cites it 9× “The State appeals from an order entered pursuant to HRS § 712-1255 which granted a conditional discharge to the defendant-appellee after a jury-waived trial in which the court found him guilty on four counts of possession of different drugs on the same date.”
Off. of Disciplinary Couns. v. Goldberg, 829 P.2d 1329 (Haw. 1992).
· cites it 35× “On January 29,1992 Respondent Goldberg moved the circuit court to reconsider or correct his sentence and for conditional discharge under HRS § 712-1255 which provides, in part: (1) Whenever any person who has not previously been convicted of any offense under this chapter .”
State v. Kealaiki, 22 P.3d 588 (Haw. 2001).
· cites it 2× “In Bikle , this court denied the prosecution’s appeal of an order granting a conditional discharge pursuant to HRS § 712-1255 (1976). See 60 Haw. at 581-82 , 592 P.”
State v. Gnewuch, 316 Neb. 47 (Neb. 2024).
“§ 16-13-2 (2007); Haw. Rev. Stat. §§ 712-1255 and 853-1 (2014); 720 Ill.”
State v. Johnson, 986 P.2d 987 (Haw. App. 1999).
“(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant is ordered to pay a fine or restitution, whether as an independent order, as part of…”
State v. Asuncion, 205 P.3d 577 (Haw. App. 2009).
“If proceedings have been deferred under Chapter 853, or Section 712-1255, Hawaii [sic] Revised Statutes, violation of the foregoing terms and conditions may result in the court accepting my guilty/no contest plea and sentencing me.”
State v. Martin, 79 P.3d 686 (Haw. App. 2003).
“(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant is ordered to pay a fee, fine, or restitution, whether as an independent order, as…”
State v. Feliciano, 81 P.3d 1184 (Haw. 2003).
“(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant is ordered to pay a fine or restitution, whether as an independent order, as part of…”
— Haw. Rev. Stat. § 712-1255(1) — 2 cases
State v. Frazer, 375 P.3d 267 (Haw. App. 2016).
“In its Dismissal Order, the Circuit Court referred to the grant of a conditional discharge, deferral of the proceedings, and placement on probation under HRS § 712-1255 as being “sentenced” to a “conditional discharge” under HRS § 712-1255.”
Off. of Disciplinary Couns. v. Goldberg, 829 P.2d 1329 (Haw. 1992).
“On January 29,1992 Respondent Goldberg moved the circuit court to reconsider or correct his sentence and for conditional discharge under HRS § 712-1255 which provides, in part: (1) Whenever any person who has not previously been convicted of any offense under this chapter .”
— Haw. Rev. Stat. § 712-1255(2) — 2 cases
State v. Frazer, 375 P.3d 267 (Haw. App. 2016).
“In its Dismissal Order, the Circuit Court referred to the grant of a conditional discharge, deferral of the proceedings, and placement on probation under HRS § 712-1255 as being “sentenced” to a “conditional discharge” under HRS § 712-1255.”
Off. of Disciplinary Couns. v. Goldberg, 829 P.2d 1329 (Haw. 1992).
“On January 29,1992 Respondent Goldberg moved the circuit court to reconsider or correct his sentence and for conditional discharge under HRS § 712-1255 which provides, in part: (1) Whenever any person who has not previously been convicted of any offense under this chapter .”
— Haw. Rev. Stat. § 712-1255(3) — 1 case
Off. of Disciplinary Couns. v. Goldberg, 829 P.2d 1329 (Haw. 1992).
“On January 29,1992 Respondent Goldberg moved the circuit court to reconsider or correct his sentence and for conditional discharge under HRS § 712-1255 which provides, in part: (1) Whenever any person who has not previously been convicted of any offense under this chapter .”
— Haw. Rev. Stat. § 712-1255(5) — 1 case
State v. Chun, 4 P.3d 523 (Haw. App. 2000).
“On June 25,1998, Chun filed a Motion for Conditional Discharge based on HRS § 712-1255 (1993). The court sentenced Chun on June 29,1998.”
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