Opinion
NO. CAAP-10-0000015
01-23-2012
STATE OF HAWAI'I, Plaintiff-Appellee, v. GUILLERMO MARTINEZ, Defendant-Appellant
Harry Eliason for Defendant-Appellant. Christopher R. Bridges, Deputy Prosecuting Attorney, County of Hawai'i, for Plaintiff-Appellee.
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
PUNA DIVISION
(CASE NO. 3P109-00248)
SUMMARY DISPOSITION ORDER
(By: Foley, Presiding J., Reifurth, and Ginoza, JJ.)
Defendant-Appellant Guillermo Martinez (Martinez) appeals from the Judgment of Conviction and Sentence filed on September 2, 2010 in the District Court of the Third Circuit, Puna Division (district court).
The Honorable Barbara T. Takase presided.
The district court found Martinez guilty of Criminal Property Damage in the Fourth Degree, in violation of Hawaii Revised Statutes (HRS) § 708-823(1) (Supp. 2010).
On appeal, Martinez contends the district court erred by excluding two of his proffered alibi witnesses, who would have testified that Martinez was not at the scene when the crime was alleged to have occurred.
Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we conclude that Martinez's appeal is without merit. The record does not contain any written notice by Martinez regarding alibi witnesses. There is nothing in the record to show that Martinez complied with Hawai'i Rules of Penal Procedure Rule 12.1(a) and (b).
Therefore,
IT IS HEREBY ORDERED that the Judgment of Conviction and Sentence filed on September 2, 2010 in the District Court of the Third Circuit, Puna Division, is affirmed.
DATED: Honolulu, Hawai'i, January 23, 2012.
On the briefs:
Harry Eliason
for Defendant-Appellant.
Christopher R. Bridges,
Deputy Prosecuting Attorney,
County of Hawai'i,
for Plaintiff-Appellee.
Presiding Judge
Associate Judge
Associate Judge