§853-3  Violation of terms and conditions
during deferment; result.  Upon violation of a term or condition set by the
court for a deferred acceptance of guilty plea or deferred acceptance of nolo
contendere plea, the court may enter an adjudication of guilt and proceed as
otherwise provided. [L 1976, c 154, pt of §2; am L 1983, c 290, §4]



 



Case Notes



 



  Because a court's course of action following revocation of a
deferred acceptance of guilty plea is expressly set forth in this section, no
need or justification arises for resort to any other statute, such as
§706-625(5).  93 H. 362, 3 P.3d 1239.



  Section 706-625(5), which permits a trial court on revocation
of probation to impose any sentence that might have originally been imposed at
the time of conviction, does not apply to the sentencing procedure attendant to
revocation of a deferred acceptance of guilty plea, which is already
specifically governed by this section.  93 H. 362, 3 P.3d 1239.



  No abuse of discretion where family court concluded that
defendant's refusal to take polygraph examination, resulting in defendant's
termination from sex offender treatment program, constituted a violation of the
terms and conditions of the deferred acceptance of nolo contendere plea order,
warranting that it be set aside.  92 H. 289 (App.), 990 P.2d 1171.