IN THE SUPREME COURT OF THE STATE OF HAWAII
vs.
JANEL A. CAMARA, Defendant-Appellant
(CR. NO. 99-0025(3))
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)
Defendant-appellant Janel Camara appeals her conviction of one count of unauthorized control of a propelled vehicle (UCPV), in violation of Hawaii Revised Statutes (HRS) § 708-836 (1993 & Supp. 1998), one count of promoting a dangerous drug in the third degree, in violation of HRS § 712-1243(1) (1993 & Supp. 1998), and one count of prohibited acts related to drug paraphernalia, in violation of HRS § 329-43.5(a) (1993). On appeal, Camara argues that the trial court erred in: (1) improperly instructing the jury on the mistake of fact defense; (2) denying her motion to dismiss the promoting charge as a de minimis offense and her motion for a new trial; and (3) failing to cure the prosecutor's misconduct during closing arguments.
Upon careful review of the record and the briefs submitted by the parties
and having given due consideration to the arguments made and the issues
raised by the parties, we resolve defendant-appellant's arguments as follows:
1) because the mistake of fact defense did not apply, State
v. Palisbo, 93 Hawai`i 344, 3 P.3d 510 (App. 2000), the circuit
court's failure to instruct the jury on the burden of proof for the mistake
of fact defense was harmless; 2) because State
v. Viernes, 92 Hawai`i 130, 988 P.2d 195 (1999), is distinguishable
from the
present case, the circuit court did not abuse its discretion in ruling
that Camara's possession of 0.001 grams of a substance containing methamphetamine
was not a de minimis offense; and 3) although the prosecutor's comments
on Camara's physical reactions during the trial were improper, they did
not constitute misconduct which would warrant a new trial or a reversal.
THEREFORE, IT IS HEREBY ORDERED that the circuit court's judgment of conviction is affirmed.
DATED: Honolulu, Hawaii, September 19, 2000.
On the briefs:
Jock M. Yamaguchi
for defendant-appellant
Richard K. Minatoya,
Deputy Prosecuting Attorney,
for plaintiff-appellee