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State v. Magno

Intermediate Court of Appeals of Hawai'i

January 13, 2015

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
KENNEDY MAGNO, Defendant-Appellant

As Corrected March 3, 2015.

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT. (FC-CR. NO. 11-1-0348(4)).

On the briefs: Matthew S. Kohm, for Defendant-Appellant.

Richard K. Minatoya, Deputy Prosecuting Attorney, County of Maui, for Plaintiff-Appellee.

By: Fujise, Presiding Judge, Leonard and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Kennedy Magno (Magno) appeals from the Judgment; Conviction and Probation Sentence; Notice of Entry, filed on August 1, 2012 in the Family Court of the Second Circuit (Family Court).[1]

After pleading no contest in FC-CR No. 11-1-0348(4), Magno was found guilty of Abuse of Family or Household Member, in violation of Hawaii Revised Statutes (HRS) § 709-906 (Supp. 2012).

On appeal, Magno contends the Family Court erred by denying his Motion for Withdrawal of No Contest Plea because he did not knowingly, voluntarily, and intelligently enter a no contest plea because he thought he was pleading no contest to a charge of Abuse of Family or Household Member in a different case, FC-CR No. 11-1-0419(4).

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, we resolve Magno's point of error as follows:

Magno claims that he was confused about which Abuse of Family or Household Member charge he was pleading to and did not intend to plead no contest in FC-CR No. 11-1-0348(4). Magno also alludes to possible confusion with other charges, which were filed in Cr. No. 11-1-0644. Thus, he argues that he has demonstrated a fair and just reason to withdraw his plea.

The Family Court did not err by denying Magno's Motion for Withdrawal of No Contest Plea because Magno did not present a fair and just reason for withdrawal of the plea. State v. Gomes, 79 Hawai'i 32, 36, 897 P.2d 959, 963.(1995).

On September 20, 2011, Magno was charged with Abuse of Family or Household Member for an incident that occurred on September 19, 2011. The case was docketed as FC-CR No. 11-1-0348(4). Magno ...


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