Opinion
NO. CAAP-16-0000102
12-29-2016
STATE OF HAWAI'I, Plaintiff-Appellant, v. REMIND RAPUN, also known as DEUSER USEPWETA, Defendant-Appellee
On the briefs: Stephen K. Tsushima, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellant. Hayley Y.C. Cheng, 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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT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. 15-1-1558) 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 Revised Motion to Dismiss Felony Information for a Lack of Probable Cause as a Matter of Law, entered on January 25, 2016 (the Dismissal Order), by the Circuit Court of the First Circuit (Circuit Court).
The Honorable Rom A. Trader 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 January 25, 2016 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. Hayley Y.C. Cheng, Deputy Public Defender, for Defendant-Appellee.
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Chief Judge
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Associate Judge
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Associate Judge