State v. Miles (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28063

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee, v.
RYAN MATTHEW MILES, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD TRAFFIC NO. 1DTC-06-002946)

SUMMARY DISPOSITION ORDER
(By: Recktenwald, C.J., Lim and Nakamura, JJ.)

Ryan Matthew Miles (Defendant) appeals the June 26, 2006 judgment of the District Court of the First Circuit (district court) ⁽¹⁾ that convicted him of reckless driving. ⁽²⁾

Defendant contends the evidence, seen "in the light most favorable to the State," State v. Ildefonso, 72 Haw. 573, 576, 827 P.2d 648, 651 (1992) (citations omitted), was insufficient to convict where Defendant was caught "popping a wheelie" on his motorcycle on the H-1 freeway at about sixty miles per hour while standing on the seat.

Therefore,

IT IS HEREBY ORDERED that the June 26, 2006 judgment of the district court is affirmed.

DATED: Honolulu, Hawai`i, May 31, 2007.

On the briefs:

Deborah L. Kim,
Deputy Public Defender,
for Defendant-Appellant.

Brian R. Vincent,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.

1.    The Honorable Paula Devens presided.

2.    Hawaii Revised Statutes § 291-2 (Supp. 2006) provides:

Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.

Defendant Ryan Matthew Miles was also convicted of driving without a license, but he does not contest that offense.