NOT FOR PUBLICATION


NO. 26505




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





STATE OF HAWAI`I, Plaintiff-Appellee, v.
JOSEPH MISURACA, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT,
LIHUE DIVISION
(CR. NO. LC04-032)



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

Defendant-Appellant Joseph Misuraca (Misuraca) appeals from the Judgment filed on April 14, 2004 in the District Court of the Fifth Circuit, Lihue Division (district court). (1)

On January 20, 2004, Misuraca was charged by complaint with Disorderly Conduct, in violation of Hawaii Revised Statutes (HRS) § 711-1101(1)(b) (Supp. 2005), for making unreasonable noise on December 19, 2003 that caused physical inconvenience or alarm to members of the public.

After a non-jury trial on February 20, 2004, the district court found Misuraca guilty. On March 12, 2004, the district court sentenced Misuraca to 25 hours of community service.

On appeal, Misuraca argues: "I was denied several critical witnesses by Judge Joseph Kobayashi; therefore, I did not have a fair trial." Misuraca's opening brief consists entirely of this one sentence. Misuraca did not designate or order any transcripts (including the trial transcript) as part of the record on appeal.

"[A]ppellant bears the burden to show error by reference to matters in the record, and he . . . has the responsibility of providing the relevant transcript." State v. Hoang, 93 Hawai`i 333, 334, 3 P.3d 499, 500 (2000). "We cannot presume error in the absence of the record." Id. at 336, 3 P.3d at 502 (quoting Oriemon v. Territory of Hawaii, 13 Haw. 413, 415 (1901)).

Therefore,

The Judgment filed on April 14, 2004 in the District Court of the Fifth Circuit, Lihue Division, is affirmed.

DATED: Honolulu, Hawai`i, March 23, 2006.


On the briefs:

Joseph Misuraca,
Defendant-Appellant pro se.


Tracy
Murakami,
Deputy Prosecuting Attorney,
County of Kauai,
for Plaintiff-Appellee.


1.     Per diem District Court Judge Joseph Kobayashi presided.