State v. Webb (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 28529

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
DONOVAN WEBB, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(HPD Criminal No. 06409560 (1P106-16393))





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

Defendant-Appellant Donovan Webb (Webb) appeals from the Judgment filed in the District Court of the First Circuit, Honolulu Division ⁽¹⁾ (district court) on April 2, 2007, convicting him of street solicitation of prostitution in violation of Hawaii Revised Statutes (HRS) § 712-1207 (Supp. 2008) and sentencing him to a one-month term of probation with geographical restriction, a $500 fine, and $105 in fees. ⁽²⁾

On appeal, Webb raises three issues: (1) whether the prosecution engaged in misconduct during trial, (2) whether there was insufficient foundation for the admission of testimony regarding the meaning of certain terms used by the prosecution's witness, and (3) whether there was sufficient evidence to support Webb's conviction.

However, in State v. Espinosa, No. 29094, 2009 WL 1154876 (Haw. App. April 30, 2009), we held that HRS § 712-1207 unambiguously excluded "a patron of a prostitute, such as Espinosa, from criminal liability under that statute." Slip. op.
at 3. Therefore, Webb's conviction must also be reversed and it is unnecessary to reach the issues he raises in his appeal.

Accordingly, the Judgment filed in the District Court of the First Circuit, Honolulu Division on April 2, 2007 is hereby reversed.

DATED: Honolulu, Hawai‘i, May 28, 2009.

On the briefs:

David A. Sereno,
for Defendant-Appellant.

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

1.     The Honorable Michael Marr presided.

2.     Webb's sentence was stayed pending this appeal.