IN THE SUPREME COURT OF THE STATE OF HAWAII
_____________________________________________________________________________
STATE OF HAWAII, Plaintiff-Appellee
vs.
DINO MENOR, Defendant-Appellant
and
BERNON MENOR, Defendant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 99-0739)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)
Defendant-Appellant Dinor Menor (Menor) timely appeals the First Circuit Court's January 20, 2000 judgment of conviction and sentence of first degree burglary in violation of Hawaii Revised Statutes (HRS) § 708-810(1)(c) (Supp. 1993). Menor requests this court to recognize a plain error or defect in the trial court proceedings that affected his substantial rights. Specifically, Menor asserts he was denied a fair trial, as guaranteed by article I, section 14 of the Hawaii Constitution, because he was not offered an attorney prior to his participation in a pre-indictment lineup. In so asserting, Menor asks this court to overturn State v. Masaniai, 63 Haw. 354, 628 P.2d 1018 (1981).
Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and issues raised, we decline to exercise our discretion to recognize plain error because, simply put, there is no plain error to recognize. Under article I, section 14 of the Hawaii Constitution, the right to assistance of counsel does not attach to pre-indictment lineups. Therefore,
IT IS HEREBY ORDERED that the circuit court's January 20, 2000 judgment of conviction and sentence of first degree burglary is affirmed.
DATED: Honolulu, Hawaii, October 19, 2000.
On the briefs:
Michael G.M. Ostendorp
and Shawn A. Luiz
for defendant-appellant
Caroline M. Mee, Deputy
Prosecuting Attorney,
(Lisette Blumhardt, Law
Clerk, with her on the
brief) for plaintiff-
appellee