NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28577
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
Defendant-Appellant Eric Steffey (Steffey) appeals the "Judgment and/or Order" entered on May 18, 2007 in the District Court of the Third Circuit (district court). (1) We affirm.
On May 18, 2007, Steffey was convicted of (1) operating a motor vehicle without a driver's license, in violation of Hawaii Revised Statutes (HRS) § 286-102 (2007) (2) (Count I), and (2) operating a motor vehicle without a motor vehicle insurance policy, in violation of HRS § 431:10C-104 (2005) (Count II). On Count I, Steffey was sentenced to thirty days in jail. On Count II, Steffey was sentenced to pay a fine of $500 and a driver education assessment of $7, and his driver's license was suspended for ninety days.
On appeal, Steffey contends that (1) the district court lacked jurisdiction over him because he is a subject of the Sovereign Nation of Hawai‘i, and (2) he was improperly sentenced under HRS § 286-136 (2007) on Count I because he did not have two prior convictions for violating HRS § 286-102 within the preceding five-year period.
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 raised by the parties, we resolve Steffey's points of error as follows:
(1) Steffey's claim that the district court lacked jurisdiction over him because he is a subject of the Sovereign Nation of Hawai‘i is without merit. See State v. Lee, 90 Hawai‘i 130, 976 P.2d 444 (1999); State v. Lorenzo, 77 Hawai‘i 219, 883 P.2d 641 (App. 1994).
(2) Steffey's claim that he was improperly sentenced under HRS § 286-136 is also without merit.
HRS § 286-136 has not changed since Steffey allegedly committed the offense of operating a motor vehicle without a driver's license, in violation of HRS § 286-102. It provides, in relevant part, as follows:
Penalty. (a) Except as provided in subsection (b), any person who violates section 286-102 . . . shall be fined not more than $1,000 or imprisoned not more than thirty days, or both. . . .
HRS § 286-136.
Steffey maintains that the district court's sentence on Count I was incorrect because (a) he did not have two or more prior convictions for violating HRS § 286-102 within the preceding five-year period, and (b) the aggravating circumstances necessary to sentence him as a repeat offender under HRS § 286-136(b) were not set forth in the charging criminal information, as required by State v. Ruggiero, 114 Hawai‘i 227, 160 P.3d 703 (2007). We disagree.
Although the district court did not specify whether its sentence on Count I was imposed pursuant to subsection (a) or (b) of HRS § 286-136, the district court did not sentence Steffey to pay a fine as to Count I. If Steffey had been sentenced as a repeat offender pursuant to HRS § 286-13(b), the district court would have been required to impose a minimum fine of $500 as to Count I. HRS § 286-136(a) provides that a sentence of not more than thirty days' imprisonment or a fine of up to $1,000, or both, shall be imposed for a first-time violation of HRS § 286-102. Thus, Steffey's sentence to thirty days' imprisonment on Count I was authorized pursuant to HRS § 286-136(a). Accordingly, Ruggiero is inapplicable. Steffey does not contest his sentence as to Count II.
Therefore,
IT IS HEREBY ORDERED that the "Judgment and/or Order" entered on May 18, 2007 in the District Court of the Third Circuit is affirmed.
DATED: Honolulu, Hawai‘i, June 20, 2008.
1.
The Honorable Barbara T. Takase presided.
2.
The current version of HRS § 286-102 is identical to the
version in existence at the time Steffey was alleged to have violated
the statute.