State v. Rivero-Garcia

── State v. Rivero-Garcia ── Court: Hawaii Intermediate Court of Appeals Date: June 03, 2026 Category: General FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-JUN-2026 07:55 AM Dkt. 86 OP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ---oOo--- STATE OF HAWAI#I, Plaintiff-Appellee, v. NATANHAEL RIVERO-GARCIA, Defendant-Appellant NO. CAAP-XX-XXXXXXX APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DTA-24-00206) June 3, 2026 NAKASONE, CHIEF JUDGE, HIRAOKA AND WADSWORTH, JJ. OPINION OF THE COURT BY HIRAOKA, J. Natanhael Rivero-Garcia pleaded no contest to operating a vehicle under the influence of an intoxicant (OVUII). The District Court of the Third Circuit, North and South Kona Division, accepted his plea. He was sentenced to complete substance abuse assessment and treatment at his own expense, and the required $250 drug demand reduction assessment was taken under advisement for one year subject to completion of substance  FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER abuse assessment and treatment.1 A compliance hearing was set. Rivero-Garcia moved to strike the compliance hearing. The district court denied the motion.2 Rivero-Garcia appeals from the Findings of Fact, Conclusions of Law, and Order Denying Defendant's Motion to Strike Proof of Compliance Hearings. We reverse the Order. We hold that the district court exceeded its authority under Hawaii Revised Statutes (HRS) § 291E-61 when it required Rivero-Garcia to appear for compliance review hearings. I. BACKGROUND Rivero-Garcia was charged with OVUII as a highly intoxicated driver, in violation of HRS § 291E-61(a)(1), (a)(3), and (b)(4) (2020 & Supp. 2023). Under a plea agreement, he pleaded no contest to the lesser charge of OVUII as a first offense without the highly intoxicated driver enhancement. The district court accepted his plea and entered a Judgment and Notice of Entry of Judgment on May 2, 2024. Rivero-Garcia was sentenced to complete substance abuse assessment and treatment, and to pay a $250 drug demand reduction fee. The Judgment stated the fee was "taken under advisement for 1 year and subject to be waived on successful completion of required substance abuse assessments and treatments." (Emphasis added.) Rivero-Garcia was ordered to appear on July 5, 2024, for a compliance review. 1 The Honorable Kimberly B.M. Tsuchiya presided. 2 The Honorable Ann S. Datta presided. 2  FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Before the compliance hearing, the Division of Driver Education (DDE) reported that Rivero-Garcia hadn't complied with the substance abuse assessment and treatment requirement. The compliance hearing was continued to August 1, 2024. Before the continued compliance hearing, DDE reported that Rivero-Garcia still hadn't complied with the substance abuse assessment and treatment requirement. The compliance hearing was continued again to September 5, 2024. Rivero-Garcia moved to strike the compliance hearing. The motion was heard on September 5, 2024. The district court denied the motion and conti