Opinion
No. CAAP–15–0000062.
10-27-2015
STATE of Hawai‘i, Plaintiff–Appellee, v. Sung Sig HWANG, Defendant–Appellant.
Samuel P. King, Jr., on the briefs, for Defendant–Appellant. Sonja P. McCullen, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff–Appellee.
Samuel P. King, Jr., on the briefs, for Defendant–Appellant.
Sonja P. McCullen, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff–Appellee.
SUMMARY DISPOSITION ORDER
[136 Hawai'i 1]
After a bench-trial, the District Court of the First Circuit (District Court) found Defendant–Appellant Sung Sig Hwang (Hwang) guilty of operating a vehicle under the influence of an intoxicant (OVUII). The District Court entered its Judgment on February 4, 2015.
The Honorable David W. Lo presided.
On appeal, Hwang argues that his OVUII conviction must be vacated because the District Court failed to give him the warnings regarding his right to testify that were mandated by the Hawai‘i Supreme Court in Tachibana v. State, 79 Hawai‘i 226, 900 P.2d 1293 (1995). We agree.
The record shows that after the prosecution rested, the District Court failed to address the subject of Hwang's right to testify with Hwang and failed to give Hwang the advisements required by Tachibana. Tachibana, 79 Hawai‘i at 236 & n. 7, 900 P.2d at 1303 & n. 7. Hwang did not testify, and we cannot say that the District Court's error in failing to comply with Tachibana was harmless. See State v. Hoang, 94 Hawai‘i 271, 279, 12 P.3d 371, 379 (App.2000).
Accordingly, we vacate the District Court's Judgment and remand the case for a new trial.