Opinion
24911
July 23, 2003.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (Cr. No. 99-1856)
On the briefs:
Emlyn H. Higa for defendant-appellant.
Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellee.
SUMMARY DISPOSITION ORDER
Defendant-Appellant Ionatana Alualu (Alualu) appeals from the January 14, 2001 Judgment of the Circuit Court of the First Circuit (the circuit court), Judge Karen S.S. Ahn presiding, convicting and sentencing Alualu to one count of Criminal Property Damage in the Second Degree, in violation of Hawai`i Revised Statutes (HRS) § 708-821 (Supp. 1999), and one count of Violation of an Order for Protection, in violation of HRS § 586-11 (Supp. 1999).
Alualu argues on appeal that the circuit court "plainly erred" by allowing: (1) the deputy prosecutor to argue his case during jury selection, and (2) a biased juror to continue to serve on the jury.
Based on our review of the record on appeal and the briefs submitted by the parties, and having duly considered the case law and statutes relevant to the arguments advanced by the parties, we disagree with Alualu and conclude that:
(1) Nothing in the record suggests that the circuit court "plainly erred" by not sua sponte preventing the allegedly improper questions by the prosecutor during voir dire; and
(2) The record contains no evidence to support Alualu's contention that the juror in question was biased.
We therefore affirm the circuit court's January 14, 2001 Judgment.