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Edward v. State

Intermediate Court of Appeals of Hawaii

August 14, 2013

ANGSTER EDWARD, Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CIVIL CASE No. 1SD11-1-4).

Harrison L. Kiehm for Petitioner-Appellant.

Loren J. Thomas Deputy Prosecuting Attorney, City and County of Honolulu for Respondent-Appellee.

Foley, Presiding J., Fujise and Leonard, JJ.

SUMMARY DISPOSITION ORDER

In a post-conviction special prisoner proceeding, Petitioner-Appellant Angster Edward (Edward) appeals from the November 29, 2 011 "Order Denying Motion for Reconsideration of Order Denying Rule 4 0 Petition" entered in District Court of the First Circuit[1] (district court), denying reconsideration of his Hawai'i Rules of Penal Procedure Rule 40 petition (Rule 40 Petition) for post-conviction relief from a judgment of conviction for sexual assault in the fourth decree.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, as well as the relevant statutory and case law, we conclude Edward's appeal is without merit.

Edward based his motion for reconsideration on his argument the court taking his plea did not adequately inform him of the possible immigration consequences of his plea.

When the district court entertained Edward's no contest plea on December 8, 2010, the following colloquy occurred:

THE COURT: Now, if you're not a U.S. citizen, some pleas might affect your stay in the country. You might be deported, detained, denied naturalization, denied entry into the country.
So, Mr. Edward, have you understood everything so far?
THE DEFENDANT: Yeah.

Hawaii Revised Statutes (HRS) § 802E-2 (1993) provides:

ยง 802E-2 Court advisement concerning alien status required. Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall ...

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