The Hawaii Intermediate Court of Appeals ruled on October 6, 2026, that Tyrus Delos Reyes's five-year prison sentence was vacated due to ineffective assistance of counsel. This decision affects Delos Reyes, who had been sentenced for drug-related charges, and highlights the importance of proper legal representation in criminal cases.
The court's ruling came after Delos Reyes appealed the Order of Resentencing Revocation of Probation issued by the Circuit Court of the Fifth Circuit. The court determined that his former attorney failed to adequately advocate for him during the resentencing hearing, which ultimately led to a harsher sentence.
Background
Tyrus Delos Reyes was originally convicted of Promoting a Dangerous Drug in the Third Degree and sentenced to four years of probation on July 25, 2024. He was also placed in the HOPE (Hawaii's Opportunity Probation with Enforcement) program, which aims to help offenders avoid incarceration through strict supervision and support.
However, on September 23, 2025, the State filed a Motion for Modification or Revocation of the Terms and Conditions of Probation. The motion alleged that Delos Reyes had tested positive for methamphetamine, was unemployed, and his whereabouts were unknown. Following this, a resentencing hearing took place on November 17, 2025, where Delos Reyes was sentenced to five years in prison with credit for time served.
The Ruling
The court ruled that Delos Reyes received ineffective assistance of counsel from his attorney, Craig A. De Costa. The court stated, "De Costa's failure to consult with Delos Reyes about the circuit court's offer to give him time to apply for acceptance into a program was a specific error and omission reflecting De Costa's lack of skill, judgment, or diligence." This ruling indicates that De Costa did not adequately represent Delos Reyes's interests during the resentencing process.
The court found that De Costa had declined the circuit court's offer for more time to help Delos Reyes gain acceptance into a substance abuse treatment program. This decision was made without consulting Delos Reyes, which the court deemed a significant error. The ruling emphasized that the circuit court had shown willingness to reconsider probation if Delos Reyes could secure a spot in a rehabilitation program.
Impact
This ruling underscores the importance of effective legal representation in criminal cases. The court's decision to vacate Delos Reyes's sentence sets a precedent for future cases where defendants may claim ineffective assistance of counsel. It highlights that attorneys must actively engage with their clients and advocate for their best interests, particularly in situations involving potential rehabilitation.
The court also referred the matter to the Office of Disciplinary Counsel for investigation, indicating that De Costa's actions may warrant further scrutiny under the Hawai#i Rules of Professional Conduct. This referral could have broader implications for how attorneys are held accountable for their representation of clients in criminal cases.
What's Next
The court has remanded the case for resentencing, meaning Delos Reyes will have another opportunity to be sentenced, potentially with a more favorable outcome if he can demonstrate his commitment to rehabilitation. Details regarding any potential appeals by the State were not available in the court filing.