State v. Campbell
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NO. 25938 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, vs. CHRISTOPHER M. CAMPBELL, Defendant-Appellant. APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 02-1-2845) ORDER VACATING THE JUDGMENT OF CONVICTION AND REMANDING THIS CASE TO THE CIRCUIT COURT WITH INSTRUCTIONS TO HOLD A NEW TRIAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.) Upon review of the parties briefs and the record, it appears that Plaintiff-Appellee State of Hawaii s (Appellee State) confession of the circuit court s error is supported by the record and well-founded in law. 333, 336, 3 P.3d 499, 502 (2000). State v. Hoang, 93 Hawai#i During Defendant-Appellant Christopher M. Campbell s (Appellant Campbell) trial for robbery in the first degree in violation of HRS § 708-840(1)(b)(ii) (Supp. 2003), the circuit court, the Honorable Michael D. Wilson presiding, plainly erred when the circuit court failed to establish through an on-the-record colloquy directly with Appellant Campbell that Appellant Campbell knowingly and voluntarily waived his constitutional right to testify. State v. Staley, 91 Hawai#i 275, 287, 982 P.2d 904, 916 (1999) (defense counsel may not waive a defendant s constitutional right to testify; only the defendant may relinquish the right to testify). Therefore, IT IS HEREBY ORDERED that Appellant Campbell s conviction for robbery in the first degree in violation of HRS § 708-840(1)(b)(ii) (Supp. 2003) is vacated, and this case is remanded the Circuit Court of the First Circuit, State of Hawai#i, with instructions to hold a new trial. DATED: Honolulu, Hawai#i, May 21, 2004. 2
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