Revocation of Probation In Hawaii

HRS 706-625(3) (1999) authorizes the revocation of probation when the defendant "has been convicted of another crime." HRS 706-625(6) (1999) states that "as used in this section, 'conviction' means that a judgment has been pronounced upon the verdict." This means there must be a pronouncement of "a judgment" in addition to "the verdict. "The only way "a judgment" can be "pronounced upon the verdict" is for a sentence to be imposed after the verdict. the legislative history confirms this interpretation. The legislature expressly conformed statutory law with the statement in State v. Rodrigues, 68 Haw. 124, 132, 706 P.2d 1293, 1299 (1985), that "in the eye of the law a person is not deemed to have been convicted unless it is shown that a judgment has been pronounced upon the verdict."