IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
TUIVA FAUALO, also known as Tonny Fatu,
Defendant-Appellant
and
LORD JARALBA, Defendant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 01-1-1020)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)
Defendant-Appellant Tuiova Faualo (Defendant) appeals from the judgment entered on February 12, 2002 by the circuit court of the first circuit (1) (the court), adjudging him guilty of promoting a dangerous drug in the third degree, Hawai`i Revised Statutes (HRS) § 712-1243 (1993 & Supp. 1996) (Count I) and unlawful use of drug paraphernalia, HRS § 329-43.5(a) (1993) (Count II).
In accordance with Hawai`i Rules of Appellate Procedure Rule 35, and
after carefully reviewing the record and the briefs submitted by the parties,
duly considering and analyzing the law relevant to the arguments and issues
raised by the parties, and
having heard oral argument, we hold that there was evidence apart from
the hearsay evidence of the statement made by the co-defendant and challenged
by Defendant sufficient to establish probable cause to believe Defendant
had committed the offenses for which he was charged, see State
v. Navas, 81 Hawai`i 113, 116, 913 P.2d 39, 42 (1996) (stating that
"[p]robable cause exists when the facts and circumstances within one's
knowledge and of which one has reasonably trustworthy information are sufficient
in themselves to warrant a person of reasonable caution to believe that
an offense has been committed" (citations omitted)), i.e.,
there was evidence that when the police entered the premises after announcing
their presence, Defendant was observed peeking from the restroom and withdrawing
into it; the police entered the restroom; the restroom area was small;
Defendant, the co-defendant, and a female were in the bathroom; there was
a "haze" in the air; a glass pipe with white residue was in a rubbish can;
and the residue in the pipe was "still bubbling" and appeared hot. Therefore,
IT IS HEREBY ORDERED that the court's February 12, 2002 judgment is affirmed.
DATED: Honolulu, Hawai`i, December 24, 2002.
Valerie Vargo for
defendant-appellant.
Mark S.P. Yuen, Deputy
Prosecuting Attorney, City and
County of Honolulu, for
plaintiff-appellee.