The Hawaii Intermediate Court of Appeals has vacated the sentencing of Tyrus J. Delos Reyes, who was facing a five-year prison term after a probation violation. The court found that Delos Reyes did not receive effective legal representation during his resentencing hearing, which could have significant implications for his future and the legal standards for representation in similar cases.
This ruling affects Delos Reyes directly, as it opens the door for a new resentencing hearing. It also raises questions about the responsibilities of defense attorneys to advocate effectively for their clients, particularly in cases involving probation violations.
Background
Tyrus Delos Reyes was initially convicted of promoting a dangerous drug in the third degree. In July 2024, he was sentenced to four years of probation and enrolled in the HOPE program, which aims to provide structured support for individuals on probation. However, on September 23, 2025, the State of Hawaii filed a motion to revoke his probation, alleging that he had tested positive for methamphetamine, was unemployed, and was unreachable.
A hearing was conducted on November 4, 2025, where Delos Reyes admitted to the allegations. The court set a resentencing date for November 17, 2025. During this hearing, Delos Reyes's attorney, Craig A. De Costa, failed to consult with him about a potential opportunity to seek acceptance into a rehabilitation program, which the court had offered. Instead, De Costa declined the offer, leading to Delos Reyes being resentenced to five years in prison.
The Ruling
The Hawaii Intermediate Court of Appeals ruled that Delos Reyes received ineffective assistance of counsel. The court noted that De Costa's failure to consult with Delos Reyes regarding the court's offer for additional time to enter a rehabilitation program constituted a significant error. The court stated, "Under the circumstances, we conclude 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."
The judges involved in this ruling were Presiding Judge Keith K. Hiraoka, Associate Judge Clyde J. Wadsworth, and Associate Judge Kimberly T. Guidry. The court vacated the Order of Resentencing and remanded the case for resentencing, emphasizing the importance of effective legal representation in the judicial process.
Impact
This ruling has broader implications for defendants in similar situations. It highlights the necessity for attorneys to be proactive in advocating for their clients, especially when opportunities for rehabilitation are presented. The court's decision may encourage other defendants to appeal their sentences if they believe they did not receive adequate legal representation.
Moreover, the court ordered that a copy of this ruling be sent to the Office of Disciplinary Counsel for investigation. This referral underscores the seriousness of the attorney's conduct in this case and may lead to further scrutiny of legal practices within the public defender's office.
What's Next
Delos Reyes's case will return to the lower court for resentencing, where a new hearing will take place. The possibility of appeal remains open, depending on the outcomes of the resentencing process. There are no related cases pending at this time.