Opinion
NO. 5777
February 20, 1976
APPEAL FROM FIRST CIRCUIT COURT HONORABLE ROBERT WON BAE CHANG, JUDGE.
RICHARDSON, C.J., KOBAYASHI, OGATA, MENOR AND KIDWELL, JJ.
Michael F. O'Connor (Luke and O'Connor of counsel), attorney for defendant-appellant
Dale W. Lee and Reina A. Grant, Deputy Prosecuting Attorneys, City and County of Honolulu, Maurice Sapienza, Prosecuting Attorney (with them on the brief), for State of Hawaii, plaintiff-appellee
Appellant appeals from a conviction of robbery in the first degree and aggravated assault.
Appellant contends that the trial court erred when it denied the following of appellant's motions:
1. Motion for change of venue;
2. Motion for disqualification or reassignment of the trial judge;
3. Motion for dismissal of complaint and/or indictment on the ground of denial of appellant's right to speedy trial.
Upon hearing oral argument, consideration of appellant's briefs, and a review of the record herein, we believe that appellant's contentions are without merit.
In regards to appellant's motion for dismissal of complaint and/or indictment, the appellant has failed to establish a prima facie case of denial of his right to speedy trial. State v. Almeida, 54 Haw. 443, 448, 509 P.2d 549 (1973).
We, therefore, affirm the judgment of conviction appealed by appellant.