Opinion
No. CAAP–13–0003064.
04-17-2015
STATE of Hawai‘i, Plaintiff–Appellee, v. Kenneth A. MONIZ, Defendant–Appellant.
M. Kanani Laubach, on the briefs, for Defendant–Appellant. Kevin S. Hashizaki, Deputy Prosecuting Attorney, County of Hawai‘i, on the briefs, for Plaintiff–Appellee.
M. Kanani Laubach, on the briefs, for Defendant–Appellant.
Kevin S. Hashizaki, Deputy Prosecuting Attorney, County of Hawai‘i, on the briefs, for Plaintiff–Appellee.
FUJISE, Presiding Judge, LEONARD and REIFURTH, JJ.
SUMMARY DISPOSITION ORDER
Defendant–Appellant Kenneth A. Moniz (Moniz) appeals from the Judgment of Conviction and Probation Sentence, entered on August 5, 2013 in the Circuit Court of the Third Circuit (Circuit Court).
The Honorable Glenn S. Hara presided.
After entering into a conditional Guilty Plea, Moniz was convicted of Habitually Operating a Vehicle Under the Influence of an Intoxicant (HOVUII), in violation of Hawaii Revised Statutes (HRS) § 291E–61.5 (2007 and Supp.2014). Moniz reserved his right to appeal the denial of his Motion to Suppress Evidence.
On appeal, Moniz contends the Circuit Court erred by denying his Motion to Suppress because (1) he was specifically advised that he had no right to an attorney, in violation of HRS § 803–9 (2014) and (2) his right to Due Process under the Hawai‘i Constitution was violated when he was not given a Miranda warning.
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 resolve Moniz's point of error as follows:
(1) Moniz was not improperly advised that he was not entitled to an attorney, in violation of HRS § 803–9. State v. Won, 134 Hawai‘i 59, 74, 332 P.3d 661, 676 (App.2014), cert. granted, 2014 WL 2881259 (Jun. 24, 2014).
(2) A Miranda warning was not required to be given to Moniz before determining whether he would submit to a breath, blood, or urine test. Id. at 72, 332 P.3d at 674 (Miranda rights not implicated or violated by the police action in obtaining agreement to submit to a breath test).
IT IS HEREBY ORDERED that the Judgment of Conviction and Probation Sentence, entered on August 5, 2013 in the Circuit Court of the Third Circuit is affirmed.