State v. Taylor (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 27592

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee, v.
KENNETH ROBERT TAYLOR, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 04-1-0609)

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

Kenneth Robert Taylor (Defendant) appeals the September 13, 2005 judgment of the Circuit Court of the First Circuit (circuit court) ⁽¹⁾ that convicted him, upon a jury's verdict, of forgery in the second degree.

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 hold that, given the prerogative of the jury to decide the credibility of the witnesses and the weight of the evidence, State v. Pulse, 83 Hawai`i 229, 244-45, 925 P.2d 797, 812-13 (1996); State v. Chun, 93 Hawai`i 389, 397, 4 P.3d 523, 531 (App. 2000), there was substantial and therefore sufficient evidence to support the jury's verdict. State v. Richie, 88 Hawai`i 19, 33, 960 P.2d 1227, 1241 (1998); State v. Stuart, 51 Haw. 656, 659, 466 P.2d 444, 446 (1970).

Therefore,

IT IS HEREBY ORDERED that the September 13, 2005 judgment of the circuit court is affirmed.

DATED: Honolulu, Hawai`i, November 16, 2006.

On the briefs:

Jon N. Ikenaga,
Deputy Public Defender,
for Defendant-Appellant.

Stephen K. Tsushima,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.

1.    The Honorable Karl K. Sakamoto presided.