But a court calendar lists her as changing that plea at 8:30 a.m. today in Circuit Judge Michael Town's courtroom.

Manslaughter carries a prison term of up to 20 years, but the agreement calls for her to placed on 10 years' probation. The defense also will be able to appeal Town's ruling two weeks ago denying a request by Aiwohi's lawyer to dismiss the charge on constitutional and common-law immunity grounds.

If the Hawai'i Supreme Court overrules Town, the case will be thrown out and the probation will be lifted.

Deputy City Prosecutor Glenn Kim yesterday said the two sides have reached an agreement. Aiwohi's attorney, state Deputy Public Defender Todd Eddins said a "significant development" in the case is scheduled for today.

The case drew widespread attention with some social services providers and healthcare professionals urging prosecutors to drop the charge.

They argued that prosecution would discourage pregnant drug abusers from seeking adequate care for themselves and their unborn babies.

Dr. Willie Parker, an obstetrician at The Queen's Medical Center, also said studies in South Carolina show that infant mortality rates and abandoned baby cases increased after prosecutions against women for their conduct while pregnant.

Kim, however, has maintained that the prosecution was the "right thing to do." After Town's ruling, he said the indictment against Aiwohi was based on the uniqueness of her case and does not mean the beginning of widespread prosecution against pregnant women who are addicted to drugs.

He added, though, that there may be that possibility "if a lot of moms keep binging on ice and killing their babies."

In refusing to dismiss the case, Town noted that an investigator with the city medical examiner's office said Aiwohi told her she smoked ice on the day she gave birth and the three previous days. In addition, a doctor with the office said the level of methamphetamine in Treyson's blood was at least four times the reported minimum toxic level.

Eddins had argued that a centuries-old common-law concept gives immunity against prosecution for women whose conduct leads to injury or the death of her fetus.

But Town ruled that state law does not provide immunity for a woman who harms her fetus "which is later born alive and dies." He also said the state constitution's right of privacy does not preclude the prosecution.

Town said he found it compelling that other states allow for a third party to be prosecuted for "conduct resulting in the injury or death of a born-alive infant, even though the conduct was prenatal."

Town suggested that community concerns over the prosecution should be taken to state lawmakers.