DIAZ v. ALM, 29529 (Haw. 12-30-2008)

SANDRA SUE DIAZ, Petitioner-Defendant v. STEVEN S. ALM, Circuit Court Judge of the First Circuit, Respondent.

No. 29529Supreme Court of Hawaii.
December 30, 2008.

ORIGINAL PROCEEDING

ORDER DENYING MOTION FOR RECONSIDERATION By: Duffy, J. for the court.[1]

[1] Considered by: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.; Acoba, J., Dissenting.

Upon review of the Petitioner’s Motion for Reconsideration, its appendices, and the record, it appears a judge has discretion to determine whether bail bond continues after conviction. See HRS § 804-6. Petitioner has not shown a flagrant and manifest abuse of that discretion and may seek review by way of appeal. See State v. Lo, 116 Hawai’i 23, 25-26, 169 P.3d 975, 977-976 (2007). Therefore,

IT IS HEREBY ORDERED, pursuant to Rule 21(c) of the Hawai’i Rules of Appellate Procedure, that the application is denied.

DATED: Honolulu, Hawai’i, December 30, 2008.

J. Acoba Dissenting:

I respectfully dissent and would grant the motion for reconsideration.