State v. Cross (Summary Disposition Order)

NOT FOR PUBLICATION

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NO. 26811

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee, v.
JENNIFER CROSS, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(CR. NO. HC02-363)

SUMMARY DISPOSITION ORDER
(By: Lim, Acting C.J., Foley and Fujise, JJ.)

Jennifer Lynn Cross (Cross) appeals the July 28, 2004 judgment of the District Court of the Fifth Circuit (district court), the Honorable Frank D. Rothschild, judge presiding, that convicted her of assault in the third degree.

Upon 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 that (1) there was substantial evidence to support Cross's conviction, State v. Martinez, 101 Hawai`i 332, 338, 68 P.3d 606, 612 (2003); and (2) Cross was not rendered ineffective assistance of counsel. State v. Reed, 77 Hawai`i 72, 84, 881 P.2d 1218, 1230 (1994).

Therefore,

IT IS HEREBY ORDERED that the July 28, 2004 judgment of the district court is affirmed.

DATED: Honolulu, Hawai`i, May 25, 2005.

On the briefs:

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

Tracy Murakami,
Deputy Prosecuting Attorney,
County of Kauai,
for plaintiff-appellee.