State v. Dela Cruz

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-DEC-2025
08:07 AM
Dkt. 108 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
KAI DELA CRUZ, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPC-XX-XXXXXXX)

ORDER
(By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the Motion for Reconsideration filed by
Defendant-Appellant Kai Dela Cruz on December 18, 2025, and the
record, it appears that Dela Cruz seeks reconsideration of the
December 8, 2025 Summary Disposition Order in which we vacated
his conviction and remanded for a new trial because of a
deficient Tachibana colloquy, and did not address his contention
that the trial court erred by denying his motion to suppress. He
argues that "resolution of this point of error will provide
guidance to the Circuit Court and the parties on remand."
On remand, should Dela Cruz choose to renew his motion
to suppress, the trial court will decide the motion based on the
facts it finds after an evidentiary hearing, and the law.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Motion for
Reconsideration is denied.
DATED: Honolulu, Hawai#i, December 22, 2025.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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