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Hawaii Revised Statutes

Haw. Rev. Stat. § 853-2 (2026)

  Plea of guilty or nolo contendere; procedure

✓ current as of July 2026
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     §853-2  Plea of guilty or nolo contendere; procedure.  Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section 853-1, or deny the motion and accept the defendant's plea of guilty or nolo contendere, or allow the defendant to withdraw the defendant's plea of guilty or nolo contendere only for good cause. [L 1976, c 154, pt of §2; am L 1983, c 290, §3; gen ch 1985]

 

Case Notes

 

  Denial of withdrawal of guilty plea is not abuse of discretion.  (Earlier program.)  58 H. 304, 568 P.2d 1194 (1977).

 

 

Notes of Decisions
Cited in 2 cases, 2001–2005 · leading case: State v. Kealaiki, 22 P.3d 588 (Haw. 2001).
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State v. Kealaiki, 22 P.3d 588 (Haw. 2001). · cites it 4× “See HRS § 853-2. Because a defendant enters his or her plea voluntarily, the defendant is precluded, upon denial of his motion and acceptance of his plea, “from later asserting any nonjurisdie-tional claims on appeal, including constitutional challenges.”
State v. Kimsel, 122 P.3d 1148 (Haw. App. 2005). · cites it 2× “HRS § 853-2 (1993) provides: "Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section 853-1, or deny the motion and accept the defendant's plea of guilty or nolo contendere, or allow the…”
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