State v. Seong (Summary Disposition Order)

NOT FOR PUBLICATION

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NO. 25985

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee, v.
JAE KYONG SEONG, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Cr. No. 02-1-2749)

SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe, and Lim, JJ.)

Defendant-Appellant Jae Kyong Seong (Seong) appeals from the Judgment entered by the Circuit Court of the First Circuit ⁽¹⁾ on July 21, 2003, convicting him, upon a jury verdict, of assault against a police officer, in violation of Hawaii Revised Statutes section 707-712.5 (1993), and sentencing him to pay a $50 crime victim compensation fee and serve a one-year term of probation. Seong contends that he was wrongly convicted because there was insufficient evidence that he: (1) acted with the requisite state of mind in committing the offense of assault against a police officer, and (2) caused bodily injury to the police officer whom he was accused of assaulting.

Upon carefully reviewing the record and the briefs submitted by the parties, and having given due consideration to the applicable statutes and case law, we disagree with Seong. Accordingly,

IT IS HEREBY ORDERED that the July 21, 2003 Judgment is affirmed.

DATED: Honolulu, Hawai`i, July 15, 2005.

On the briefs:

Jonathan A. Iida, deputy
public defender, State of
Hawai`i, for defendant-
appellant.

James M. Anderson, deputy
prosecuting attorney, City
and County of Honolulu, for
plaintiff-appellee.

1.      The Honorable Hilary B. Gangnes presided.