IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee, v.
DOUGLAS EDWIN RYCHENER, Defendant-Appellant
APPEAL FROM THE THIRD CIRCUIT COURT
(CR. NO. 01-1-0031)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Lim and Foley, JJ.)
Defendant-Appellant Douglas Edwin Rychener (Rychener) appeals the November 20, 2001 Judgment of the Circuit Court of the Third Circuit (circuit court). (1) Rychener was charged by indictment with the following thirteen counts:
Count I: Place to Keep Firearms in violation of Hawaii Revised Statutes (HRS) § 134-6(d) (Supp. 2003);Counts II, VIII, X, and XII: Ownership or Possession Prohibited in violation of HRS § 134-7(b) (Supp. 2003);
Count III: License to Carry a Firearm in violation of HRS § 134-9(c) (Supp. 2003);
Count IV: Promoting a Dangerous Drug in the Third Degree in violation of HRS § 712-1243(1) (1993 & Supp. 2001);
Counts V and VI: Prohibited Acts Relating to Drug Paraphernalia in violation of HRS § 329-43.5(a) (1993);
Counts VII, IX, XI, and XIII: Place to Keep Firearms in violation of HRS § 134-6(c) (Supp. 2003);
On September 26, 2001, the State filed its "Motion to Impose Mandatory Term of Imprisonment, Pursuant to Section 706-606.5(1), Hawaii Revised Statutes, as Amended." The State asked that a mandatory term of imprisonment of three years and four months be imposed. After a hearing on the motion, the circuit court granted the motion and sentenced Rychener to:
Counts I, II, and VIII: ten years of imprisonment with a mandatory minimum of three years and four months on each count; andCounts IV, V, VI, and VII: five years of imprisonment on each count.
Pursuant to the plea agreement, Rychener was allowed to remain out on bail pending his appeal.
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 as raised by the parties,we hold that:
(1) A review of the record indicates there was substantial evidence ("credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion") in support of the circuit court's findings of fact and conclusions of law. State v. Richie, 88 Hawai`i 19, 33, 960 P.2d 1227, 1241 (1998);
(2) The Motion to Suppress was properly denied because it was permissible for the police officer to briefly stop and pat down Rychener for weapons as Rychener's suspicious conduct led the officer to conclude, in light of his experience, that criminal activity might "be afoot" and Rychener might have been armed and dangerous. Terry v. Ohio, 392 U.S. 1, 30-31, 88 S. Ct. 1868, 1884-85 (1968); and
(3) The circuit court
properly applied the mandatory minimum sentence statute, HRS § 706-606.5
(Supp. 2003), because there was satisfactory evidence of Rychener's prior
conviction. State v. Freitas,
61 Haw. 262, 278-80, 602 P.2d 914, 925-27 (1979).
IT IS HEREBY ORDERED that the November 20, 2001 Judgment of the Circuit Court of the Third Circuit is affirmed. DATED: Honolulu, Hawai`i, April 15, 2004.
On the briefs:
Robert D.S. Kim
for defendant.
Cynthia T. Tai,
Deputy Prosecuting Attorney,
County of Hawai`i,
for plaintiff-appellee.
1. The Honorable Ronald Ibarra presided.
2.
We note that section F of the State's Answering Brief contains errors in
the dates of certain transcripts.