NO. 26344
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee, v.
LARRY V. IKEI, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD TRAFFIC NO. 5643693MO)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Foley and Nakamura, JJ.)
On January 14, 2004, Judge Hilary Benson Gangnes presided over a bench trial, found Ikei guilty, and sentenced him to pay a $50 fine, a $20 administrative fee, and a $7 driver's education fee.
Ikei filed a notice of appeal on January 14, 2004. This appeal was assigned to this court on August 24, 2004.
In his handwritten opening brief, Ikei states, in relevant part, as follows:
the citing officer was not present in Court to prove the case beyond a reasonable doubt. . . . The Officer testifying cannot or couldn't prove to the Court that he was there on the night of the violation. He couldn't adequately identify me to the lower court, and therefore I feel Judge Gangnes shouldn't allow testimony from this officer (Khari). How could she allow the officer's statement of "I signed the back of the citation[?"] Anyone in the Honolulu Police department could have signed the back of the citation. He did not sign the back of my citation, and therefore the lower court made a clear error. District court abused its discretion in admitting police officer's opinion testimony regarding defendant making a left turn from the second lane without a signal.
In his reply brief, Ikei states, in relevant part, as follows:
Supple[me]ntal evidence clearly shows Officer Kharii as a possible witness and not the citing Officer. The question to the Supreme Court would be is [sic] can the State of Hawaii prove the case beyond a reasonable doubt using testimony from a witness who cannot prove he was there on the night of the violation.
In accordance with Hawai`i Rules of Appellate Procedure Rule 35, and after carefully reviewing the record and the briefs submitted by the parties, and duly considering and analyzing the law relevant to the arguments and issues raised by the parties,
IT IS HEREBY ORDERED that the January 14, 2004 judgment appealed from in this case is affirmed.
DATED: Honolulu, Hawai`i,
February 17, 2005.
On the briefs:
Larry V. Ikei
Pro Se Defendant-Appellant
Stephen K. Tsushima,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee
1. The Hawaii Revised Statutes (HRS) (1993) state, in relevant part, as follows:
(2)
Left turns. The driver of a vehicle intending to turn left at any intersection
shall approach the intersection in the extreme
left-hand lane
lawfully available to traffic moving in the direction of travel of such
vehicle, and, after entering the
intersection,
the left turn shall be made so as to leave the intersection in a lane lawfully
available to traffic moving in such
direction upon the
roadway being entered. Whenever practicable the left turn shall be made
in that portion of the
intersection to the
left of the center of the intersection.
§ 291C-84 Turning movements and required signals. (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 291C-81, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
(d)
The signals provided for in section 291C-85(b) shall be used to indicate
an intention to turn, change lanes, or start from a
parked position
and shall not be flashed on one side only on a parked or disabled vehicle,
or flashed as a courtesy or "do
pass" signal
to operators of other vehicles approaching from the rear.
[§ 291C-85] Signals by hand and arm or signal lamps. (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b).
[§ 291C-86] Method of giving hand-and-arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: