State v. Lei, 22548.

• Decision Date: 16 April 2001
• Docket Number: No. 22548.,22548.
• Citation: 95 Haw. 278,21 P.3d 880
• Parties: STATE of Hawai`i, Plaintiff-Appellee, v. Vai Hapouli LEI, Defendant-Appellant.
• Court: Hawaii Supreme Court

21 P.3d 880

95 Haw. 278

STATE of Hawai`i, Plaintiff-Appellee, v. Vai Hapouli LEI, Defendant-Appellant.

No. 22548.

Supreme Court of Hawai`i.

April 16, 2001.

Rose Anne Fletcher, Deputy Public Defender, on the briefs, for defendant-appellant.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Vai Hapouli Lei appeals his conviction of two counts of driving without a license, in violation of Hawai`i Revised Statutes (HRS) § 286-102 (1993), driving under the influence of intoxicating liquor (DUI), in violation of HRS § 291-4 (Supp. 1996), and failure to provide proof of no-fault insurance, in violation of HRS § 431:10C-104 (1993 & Supp.1996). On appeal, Lei argues that the district court: 1) abused its discretion in failing to dismiss the charges for want of prosecution; and 2) erred in denying his motion to dismiss the DUI charge based on the prosecution's violation of Rule 48 of the Hawai`i Rules of Penal Procedure (HRPP). The prosecution counterargues that Lei's points of error were not properly preserved for appeal because: 1) Lei did not file his reservations to his conditional plea in writing as required by HRPP Rule 11(a)(2); and 2) the pretrial motion on which the conditional plea was based dealt with only a violation of HRPP Rule 48 and did not address a violation of HRPP Rule 9. We hold that, although the conditional plea agreement was not reduced to writing, the plea was nevertheless conditional, and matters based on violations of Rules 9 and 48 were preserved for purposes of appeal. We further hold that the district court abused its discretion in failing to dismiss the charges because the bench warrants issued for Lei's arrest were not executed "without unreasonable delay," as required by HRPP Rule 9(c)(3)(i). Therefore, we reverse the district court's judgments.

I. BACKGROUND

On April 11, 1996, Lei was cited for driving without a license. He was scheduled to appear for arraignment and plea on May 9, 1996. Because Lei failed to appear, the district court charged him with contempt and issued a bench warrant.

On May 18, 1996, Lei was cited for DUI, driving without a license, driving without no-fault insurance, and a safety check violation. Lei appeared in court on May 20, 1996 and pled not guilty. The district court scheduled a July 22, 1996 trial date. When the parties appeared for trial on July 22, the prosecution moved for a continuance. The court granted the motion and reset the trial for September 16, 1996. However, on September 16, Lei failed to appear. The district court charged Lei with contempt and issued a second bench warrant.

Both bench warrants were served on December 1, 1998, over two years after their issuance. The district court referred Lei to the public defender's office and continued the case to January 14, 1999 for arraignment and plea. On January 14, the prosecution requested a continuance because some of the witnesses who had been subpoenaed had not appeared and the prosecution could not proceed without them. The court granted the motion over Lei's objection.

On the February 16, 1999 trial date, the prosecution again requested a continuance because several of the police officers who were scheduled to testify were not available. Defense counsel objected and moved to dismiss. The district court granted the continuance and denied the defense's request to designate it as the final continuance.

The case was continued to March 15, 1999. On that day, the prosecution requested another continuance for the May 18, 1996 charges because the police officer who issued the citations had called in sick and could not testify. The prosecution indicated that it was ready to proceed on the April 11, 1996 driving without a license charge. However, defense counsel stated that, if the court were to grant the continuance of the May 18, 1996 charges, the defense preferred to "keep the cases together." The court granted the continuance as to all charges and denied the defense's request to designate it as the final continuance.

The next scheduled trial date was April 15, 1999, and the prosecution indicated that it was ready to proceed. Defense counsel made an oral motion to dismiss the case pursuant to HRPP Rule 48. According to the defense's calculations, approximately four months accrued that were attributable to the prosecution pursuant to Rule 48 prior to the issuance of the bench warrant. Initially, defense counsel argued that the period between the issuance and the execution of the bench warrant should be attributed to the prosecution because it had not exercised due diligence in serving the bench warrants; counsel noted that Lei had lived at the same address in Hawai`i during the entire time that the bench warrants were outstanding and could have easily been found. However, defense counsel later conceded that the period from September 16, 1996, when Lei failed to appear, to January 14, 1999, the initial trial date after the return of the bench warrants, was excludable as a delay attributable to the defendant's unavailability. However, he argued that more than two months had accrued that were attributable to the prosecution pursuant to Rule 48 since the January 14, 1999 trial date.

The district court concluded that, based on a "liberal interpretation" of Rule 48, the six-month period began anew on December 1, 1998, when Lei was rearrested in connection with the bench warrants. The court reasoned that Lei should not have the benefit of the four months he "had in the bank" prior to the issuance of the bench warrants because such a rule would encourage defendants to miss their court appearances.

After the district court ruled on Lei's motion to dismiss pursuant to Rule 48, defense counsel attempted to make an argument concerning the delay in executing the bench warrants. The court noted that this was a different argument than the Rule 48 issue. However, before the court addressed it, the court suggested that the parties try to reach a conditional plea agreement.

After a recess, defense counsel indicated that the parties had agreed to a conditional plea. For purposes of the appeal, the court calendar was stipulated into evidence. The following exchange then took place:

DEFENSE: And then finally, Mr. Lei would ask to be able to, as far as the motion is concerned, testify as to his whereabouts during that time period from September 16th to the date he was arrested in 1998. And we'd stipulate to it, if you would want. And the offer of proof would be that he's lived in the [sic] Hawaii the whole time, he's lived in Kalihi Valley the whole time, that he has a green card, that he's a legitimate resident of Hawaii and United States and that the immigration [sic] knows of his whereabouts. He is registered with them. And—

COURT: Okay. Does the State have any reason to believe that isn't true at the moment?

PROSECUTOR: No reason to believe that's not true, Your Honor, based on counsel's representations.

COURT: All right. I'll note the offer of proof. Anything else I need to know about?

DEFENSE: That's it, then.

COURT: All right. I'll note the offer of proof. I'll indicate that, given the impracticality of serving petty misdemeanor bench warrants, I'll, I'll maintain my decision and we'll let the, if necessary, we'll let the appellate courts rule on the, on that. I, I don't think the State was unreasonable in not serving the warrant within the two-year period, given the thousands that I'll take judicial notice of, that are out there. So, all right.

(Emphases added.)¹ Defense counsel objected to the court's judicial notice of the number of outstanding petty misdemeanor bench warrants, but the court maintained its ruling. The court then noted that the plea was conditional and stated that any sentence would be stayed pending the perfection and resolution of the appeal.

The contempt charges and the charge relating to the safety check violation were dismissed pursuant to the parties' agreement; Lei pled no contest to the remaining charges. The court accepted his pleas and found him guilty of those charges. As to each of the two driving-without-a-license charges, the court imposed a seventy-five dollar fine and a seven dollar driver's education assessment fee. As to the DUI charge, the court imposed a $500 fine, a $107 assessment, and 100 hours of community service. As to the insurance charge, the court imposed a $500 fine, a seven dollar driver's education assessment fee, and a one-year license suspension.

Lei timely appealed. On appeal, he argues that the district court should have: 1) dismissed the case because the prosecution failed to diligently execute the bench warrants; or 2) dismissed the DUI charge based on the HRPP Rule 48 violation. The prosecution counterargues that: 1) Lei's points of error were not properly preserved for appeal; 2) the bench warrants were served without unnecessary delay; and 3) there was no violation of HRPP Rule 48.

II. DISCUSSION

A. Standard of review

1. The requirements of HRPP Rule 11(a)(2)

The interpretation of court rules involves principles of statutory construction. Statutory interpretation presents questions of law that are reviewed de novo under the right/wrong standard. State v. Baron, 80 Hawai`i 107, 113, 905 P.2d 613, 619, reconsideration granted in part and denied in part, 80 Hawai`i 187, 907 P.2d 773 (1995).

2. Dismissal under HRPP Rule 9

The district court has the inherent power to dismiss traffic violations for failure to prosecute. The exercise of this power is reviewed under the abuse of discretion standard. See State v. Mageo, 78 Hawai`i 33, 889 P.2d 1092 (App.1995)

. A court "abuses its discretion when it clearly exceeds the bounds of reason or disregards rules or principles of law or practice to the substantial detriment of a party litigant." State v. Klinge, 92 Hawai`i 577, 584, 994 P.2d 509,...