NOT FOR PUBLICATION
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
STATE
OF HAWAI`I Plaintiff-Appellee, v.
TAFAIFA SEIULIENA, Defendant-Appellant
APPEAL
FROM THE FIRST CIRCUIT COURT
(CR. NO. 98-2007)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Lim and Foley, JJ.)
On appeal, Seiuliena contends the circuit court (1) erred in finding that she failed to comply with a substantial requirement imposed as a condition of the order of probation, (2) erred in finding that her failure to comply with a substantial requirement imposed as a condition of the order of probation was inexcusable, and (3) abused its discretion in resentencing her to a term of ten years of incarceration rather than probation.
Upon careful review of the record and the briefs submitted by the parties, we hold as follows:
(1) The circuit court did not err in finding that Seiuliena failed to comply with a substantial requirement imposed as a condition of the order of probation. There is substantial evidence in the record to support the conclusion that Seiuliena violated several of the terms and conditions of her probation and that she did so on numerous occasions. See State v. Reyes, 93 Hawai`i 321, 327, 2 P.3d 725, 731 (App. 2000); State v. Anderson, 84 Hawai`i 462, 467, 935 P.2d 1007, 1012 (1997).
(2) The circuit court did not err in finding that Seiuliena's failure to comply with a substantial requirement imposed as a condition of the order of probation was inexcusable. It is apparent from the record before us that the circuit court's conclusion that Seiuliena inexcusably failed to comply with the terms and conditions of her probation was properly based upon and supported by the court's finding of fact that she had failed to comply with a substantial requirement imposed as a condition of the order of probation. See Reyes, 93 Hawai`i at 327, 2 P.3d at 731.
(3) The circuit court did not abuse its discretion in resentencing Seiuliena to a term of ten years of incarceration rather than probation. See HRS § 706-625(5) (Supp. 2003); HRS § 712-1242(1)(b) (1993); HRS § 712-1242(2) (1993); HRS § 706-660(1) (1993); see also State v. Tauiliili, 96 Hawai`i 195, 198, 29 P.3d 914, 917 (2001).
Therefore,
IT IS HEREBY ORDERED that the circuit court's January 24, 2003 Order Denying Motion for Reconsideration of Sentence is affirmed.
DATED: Honolulu, Hawai`i, September 17, 2004.
Randal I. Shintani
for defendant-appellant.
1.
The Honorable
Karen S.S. Ahn presided.
2.
Hawai`i Rules of Penal Procedure (HRPP) Rule 35 (2002) provides: