State v. Rivero-Garcia

Summary

The Hawaiʻi Intermediate Court of Appeals reversed an order denying Natanhael Rivero-Garcia’s motion to strike compliance review hearings in an operating a vehicle under the influence of an intoxicant case. The court held that the district court exceeded its authority under Hawaiʻi Revised Statutes § 291E-61 by requiring the defendant to appear for compliance review hearings, which were akin to probation. The court also applied the collateral order exception to exercise appellate jurisdiction over the otherwise interlocutory order.

Holdings

1. The court had jurisdiction under the collateral order exception because the order fully disposed of the compliance-hearing issue, that issue was collateral to the merits of the conviction and sentence, and the defendant's right to obtain review could be irreparably lost if review awaited a final judgment.
2. HRS § 291E-61(h) does not authorize a district court to require an OVUII defendant to appear for compliance review hearings concerning substance-abuse assessment, treatment, or the drug demand reduction assessment.
3. The district court may not impose an arbitrary one-year deadline for completing substance-abuse assessment or any recommended treatment as a condition for waiver or reduction of the drug demand reduction assessment.

Questions Presented

1. Whether the Intermediate Court of Appeals had jurisdiction to review an interlocutory order denying a motion to strike compliance review hearings when the initial judgment was not final and the defendant did not appeal from the later amended judgment.
2. Whether HRS § 291E-61 authorizes a district court to require an OVUII defendant to appear at compliance review hearings concerning substance-abuse assessment, treatment, and a drug demand reduction assessment.
3. Whether the district court could impose a one-year deadline for completion of substance-abuse assessment and treatment as a condition for waiver of the drug demand reduction assessment.

Disposition

reversed