NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28974
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
Defendant-Appellant Emilio A. Ganiron, Jr. (Ganiron) appeals from the Judgment of Conviction and Sentence filed on January 23, 2008 in the Circuit Court of the First Circuit (circuit court). (1)
A jury convicted Ganiron of Promoting a Dangerous Drug in the Third Degree, in violation of Hawaii Revised Statutes (HRS) § 712-1243 (Supp. 2007), and Unlawful Use of Drug Paraphernalia, in violation of HRS § 329-43.5(a) (1993).
On appeal, Ganiron contends the circuit court erred (1) by failing to exclude evidence of methamphetamine, a plastic bag, and a straw because the State failed to establish a strict chain of custody and (2) in denying his oral motion for judgment of acquittal because the State of Hawai‘i (State) failed to establish the chain of custody for the methamphetamine, a plastic bag, and a straw.
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 Ganiron's point of error as follows:
(1) The circuit court did not abuse its discretion by admitting evidence of methamphetamine, a plastic bag, and a straw because the State established a strict chain of custody. State v. Olivera, 57 Haw. 339, 344, 555 P.2d 1199, 1202 (1976); State v. Vance, 61 Haw. 291, 303-04, 602 P.2d 933, 942 (1979).
(2) The circuit court did not err in denying Ganiron's oral motion for judgment of acquittal on the charge of Unlawful Use of Drug Paraphernalia because evidence of methamphetamine, a plastic bag, and a straw were not erroneously admitted.
Therefore,
IT IS HEREBY ORDERED that the Judgment of Conviction and Sentence filed on January 23, 2008 in the Circuit Court of the First Circuit is affirmed.
DATED: Honolulu, Hawai‘i, December 5, 2008.
1.
The Honorable Richard W. Pollack presided.