NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28370






IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
JING HUA XIAO, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(HPD Criminal No. 06295746 (1P106-16191))





SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J., Foley and Fujise, JJ.)

Defendant-Appellant Jing Hua Xiao (Xiao) appeals from the Judgment filed on December 12, 2006 in the District Court of the First Circuit, Honolulu Division (district court). (1) The district court convicted Xiao of Prostitution, in violation of Hawai‘i Revised Statutes (HRS) § 712-1200(1) (1993 & Supp. 2008).

On appeal, Xiao contends there was insufficient evidence to convict her of Prostitution.

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 Xiao's point of error as follows:

There was substantial evidence to convict Xiao of Prostitution. State v. Eastman, 81 Hawai‘i 131, 135, 913 P.2d 57, 61 (1996).

Therefore,

IT IS HEREBY ORDERED that the Judgment filed on December 12, 2006 in the District Court of the First Circuit, Honolulu Division, is affirmed.

DATED: Honolulu, Hawai‘i, November 13, 2009.


On the briefs:

William A. Harrison
for Defendant-Appellant.

Anne K. Clarkin,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.



1.     The Honorable Edwin Nacino presided.