Opinion
NO. CAAP-15-0000880
12-29-2016
STATE OF HAWAI'I, Plaintiff-Appellant, v. BRANDON K. CHANG, Defendant-Appellee
On the briefs: Stephen K. Tsushima, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellant. Taryn R. Tomasa, Deputy Public Defender, for Defendant-Appellee.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 15-1-0598) SUMMARY DISPOSITION ORDER
(By: Nakamura, Chief Judge, Leonard and Reifurth, JJ.)
Plaintiff-Appellant the State of Hawai'i (the State) appeals from the Findings of Fact, Conclusions of Law, and Order Granting Motion to Dismiss Felony Information as a Matter of Law, entered on October 15, 2015 (the Dismissal Order), by the Circuit Court of the First Circuit (Circuit Court).
The Honorable Dexter D. Del Rosario presided.
The State raises a single point of error on appeal, contending that the Circuit Court abused its discretion in entering the Dismissal Order. The issue raised herein by the State - when a person violates a trespass warning previously issued pursuant to Hawaii Revised Statutes (HRS) § 708-814(1)(b) (2014), may that violation be used as an underlying basis for a charge of Burglary in the Second Degree - was recently answered in the negative by the Hawai'i Supreme Court. See State v. King, SCWC-15-0000342, 2016 WL 7217261 (Haw. Dec. 13, 2016).
Accordingly, the Circuit Court's October 15, 2015 Dismissal Order is affirmed.
DATED: Honolulu, Hawai'i, December 29, 2016. On the briefs: Stephen K. Tsushima, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellant. Taryn R. Tomasa, Deputy Public Defender, for Defendant-Appellee.
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Chief Judge
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Associate Judge
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Associate Judge