NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 27634
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
Defendant-Appellant Michael M. Soma (Soma) appeals the Judgment filed on November 1, 2005 in the Circuit Court of the First Circuit (1) (circuit court).
On January 31, 2005, the State of Hawai`i (State) charged Soma via a Complaint with one count of Terroristic Threatening in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 707-716(1)(d) (1993). The Complaint alleged that on or about January 22, 2005, Soma did threaten by word or conduct to cause bodily injury to Yojiro Soma (Yojiro) with the use of a dangerous instrument. A jury found Soma guilty of the charged offense. The circuit court entered its Judgment on November 1, 2005. Soma filed a Notice of Appeal on November 30, 2005.
On appeal, Soma argues that (1) the circuit court erred by allowing the State to use a meat cleaver (cleaver) as demonstrative evidence in its opening statement prior to the admission of the cleaver into evidence, thereby depriving Soma of his right to a fair trial; (2) there was insufficient evidence to convict him of the offense charged; and (3) the circuit court abused its discretion in sentencing Soma to an extended term of imprisonment.
Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues as raised by the parties, we conclude:
(1) The circuit court did not deprive Soma of his right to a fair trial by allowing the State to use the cleaver as demonstrative evidence in its opening statement prior to the admission of the cleaver into evidence. State v. Simpson, 64 Haw. 363, 369, 641 P.2d 320, 324 (1982); see also State v. Greyson, 70 Haw. 227, 232 n.4, 768 P.2d 759, 762 n.4 (1989); State v. Sanchez, 82 Hawai`i 517, 528, 923 P.2d 934, 945 (App. 1996); Ross v. State, 233 Ga. App. 26, 27, 503 S.E.2d 308 (1998).
(2) There was sufficient evidence to convict Soma of Terroristic Threatening in the First Degree. HRS § 707-716 (1)(d); HRS § 707-715 (1993); State v. Valdivia, 95 Hawai`i 465, 476, 24 P.3d 661, 672 (2001); State v. Richie, 88 Hawai`i 19, 33, 960 P.2d 1227, 1241 (1998); State v. Naeole, 62 Haw. 563, 565, 617 P.2d 820, 823 (1980); State v. Eastman, 81 Hawai`i 131, 141, 913 P.2d 57, 67 (1996).
(3) The circuit court did not abuse its discretion in sentencing Soma to an extended term of imprisonment. HRS § 706-662(1) (Supp. 2005); HRS § 706-661(3) (Supp. 2005); Barnett v. State, 91 Hawai`i 20, 26, 979 P.2d 1046, 1052 (1999); State v. Carvalho, 101 Hawai`i 97, 110-11, 63 P.3d 405, 418-19 (App. 2002); State v. Rivera, 106 Hawai`i 146, 162-63, 102 P.3d 1044, 1060-61 (2004), cert. denied, __ U.S. __, 126 S. Ct. 45 (2005).
Therefore,
The Judgment filed on November 1, 2005 in the Circuit Court of the First Circuit is affirmed.
DATED: Honolulu, Hawai`i, May 21, 2007.
1.
The Honorable Karl K. Sakamoto presided.