NOT FOR PUBLICATION


NO. 26593




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







STATE OF HAWAI`I, Plaintiff-Appellee, v.
SHAUN G. PAGLINAWAN, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 03-1-0292)





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

Shaun Gerald Paglinawan appeals the May 3, 2004 judgment of the Circuit Court of the First Circuit (circuit court), the Honorable Steven S. Alm, judge presiding, that convicted him, upon a jury's verdict, of one count (Count III) of assault against a police officer.

After a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we conclude there was substantial evidence to support the conclusion of the trier of fact. State v. Martinez, 101 Hawai`i 332, 338, 68 P.3d 606, 612 (2003).

Therefore,

IT IS HEREBY ORDERED that the May 3, 2004 judgment of the circuit court is affirmed.

DATED: Honolulu, Hawai`i, June 14, 2005.


On the briefs:

Jon N. Ikenaga,
Deputy Public Defender,
State of Hawai`i,
for defendant-appellant.

Anne K. Clarkin,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for plaintiff-appellee.