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STATE OF HAWAII, Plaintiff-Appellee v. ELLEN RICE, Defendant-Appellant

Per Curiam.

This is an appeal from a conviction of prostitution. A single point is raised on appeal. Appellant pled guilty to the charge of prostitution and her attorney made an oral motion for a deferred acceptance of guilty plea under § 853-1, HRS. The trial court held that under § 712-1200(4), he could not grant such a plea. Subsection 4 was added by Act 110 of the Session Laws of 1981. It provides:

Notwithstanding any other law to the contrary, a person convicted of committing the offense of prostitution shall be sentenced as follows:

(a) For the first offense, a fine of $500. . . .

Since the last amendment to § 853-1, HRS, was by § 42 of Act 232 of the Session Laws of 1980, we think that § 853-1, HRS, is "any other law to the contrary" and that the court below therefore correctly construed § 712-1200(4) as taking away his power to grant deferred acceptance of guilty pleas in prostitution cases.

Affirmed.

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STATE v. RICE
(Jan 28, 1983)