NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28437





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
CARLOS MONTANEZ, Defendant-Appellant




APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD Cr. No. 06406762)
(1P106-16399)




SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J., Watanabe, and Leonard, JJ.)

Defendant-Appellant Carlos Montanez (Montanez) appeals from the judgment entered by the District Court of the First Circuit (district court) (1) on February 20, 2007 (Judgment), convicting and sentencing him for Street Solicitation of Prostitution in Waikk, in violation of Hawaii Revised Statutes (HRS) § 712-1207(1) (Supp. 2008) (2) (Street Solicitation).

Montanez raises two arguments on appeal: (1) the district court erred in holding that HRS § 712-1207(1) applies to persons who solicit prostitutes, as well as prostitutes; and (2) there was insufficient evidence, as a matter of law, for the district court to conclude that Montanez was guilty of Street Solicitation.

In light of our recent opinion in State v. Espinosa, 120 Hawai‘i 478, 210 P.3d 1 (App. 2009), we agree with Montanez's first argument. Accordingly, we reverse the Judgment. Our disposition of Montanez's first argument on appeal renders it unnecessary to reach Montanez's second argument.

DATED: Honolulu, Hawai‘i, October 22, 2009.

On the briefs:

Earle A. Partington
for Defendant-Appellant.

James M. Anderson,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.




1.      The Honorable Faauuga Tootoo presided.

2.      HRS § 712-1207(1) provides currently, as it did at the time Montanez allegedly committed Street Solicitation, in relevant part, as follows:

Street solicitation of prostitution; designated areas. (1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property, to offer or agree to engage in sexual conduct with another person in return for a fee.