Vaughan v. Williamson

This appeal requires us to examine the propriety of conditioning the granting of a deferred acceptance of nolo contendere (DANC) plea on a defendants attendance at a sex offender treatment program that requires submission to periodic polygraph testing. Defendant-Appellant William K. Naone (Defendant) contends that the Family Court of the First Circuit (the family court) reversibly erred when, upon his termination from the Hawaii Sex Offender Treatment (HSOT) Program for failure to submit to polygraph testing, it revoked his DANC status and entered a new judgment, convicting and sentencing him for committing three counts of Sexual Assault in the Third Degree against his minor daughter, in violation of Hawaii Revised Statutes (HRS) § 707-732(1)(b) (1993).