*** NOT FOR PUBLICATION ***
NO. 25432
vs.
ROSELIO R. HERNANDEZ, Defendant-Appellant
Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold that: (1) the record contains substantial evidence to support Hernandez's conviction of the offense of failure to appear in answer to a citation; (5) (2) the record contains substantial evidence to support Hernandez's conviction of the offense of mandatory use of child passenger restraints; (6) and (3) the district court properly excluded the evidence in question inasmuch as (a) the receipt, allegedly identifying February 13, 2002 as Hernandez's court date, was not provided to the prosecution following the prosecution's discovery request, (b) the evidence was irrelevant insofar as Hernandez failed to establish whether he had his wife attempt to obtain the court date before or after it had already passed. In light of our holding, we need not address the remaining point of error. Therefore,
IT IS HEREBY ORDERED that the judgment from which the appeal is taken is affirmed.
DATED: Honolulu, Hawai`i, April 28, 2006.
1. The Honorable Jeffrey Choi presided.
2. HRS § 803-6(e) states as follows:
3. HRS § 291-11.5 provides, in pertinent part, the following:
4. HRS § 291-11.6 states, in pertinent part, as follows:
(1)
Shall operate a motor vehicle upon any public
highway unless the person is restrained by a seat belt
assembly and any
passengers in the front or back seat of the motor vehicle are
restrained by a seat belt
assembly if between
the ages of four
and fourteen, or are restrained pursuant to section 291-11.5 if under
the age of four;
(2)
If fifteen years of age or more shall be a passenger
in the front seat of a motor vehicle being operated upon
any public
highway unless such person is restrained by a seat belt assembly; and
(3)
If between the ages of fifteen and seventeen, shall
be a passenger in the back seat of a motor vehicle being
operated
upon any public highway unless such person is restrained by a seat belt
assembly.
As used in this section "seat belt assembly" means the seat belt assembly required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the federal National Traffic and Motor Vehicle Safety Act of 1996, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Such replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards.
5. See HRS § 803-6(e) ("Wilful failure to appear in answer to the citation may be punished by a fine of not more than $100 or imprisonment of not more than 30 days or both."); HRS § 702-210 (1993) ("A requirement that an offense is committed wilfully is satisfied if a person acts knowingly with respect to the elements of the offense, unless a purpose to impose further requirements appears."); HRS § 702-206(2) (1993) (defining the term "knowingly"); State v. Bui, 104 Hawai`i 462, 467, 92 P.3d 471, 476 (2004) ("Substantial evidence is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to reach a conclusion.") (quotation marks omitted) (citation omitted); State v. Masaniai, 7 Haw. App. 586, 589, 788 P.2d 176, 178 (1990), overruled on other grounds by State v. Hicks, 71 Haw. 564, 798 P.2d 906 (1990) ("The record shows that Masaniai was personally instructed to appear in court on September 25, 1986 and that he did not appear on that date or thereafter until he appeared involuntarily on November 4, 1988. The only reasonable inference that can be drawn from these facts is that Masaniai's nonappearance was intentional and contemptuous.").
6. See HRS § 291-11.5
(delineating the offense of mandatory use of child passenger
restraints); Bui, 104
Hawai`i at 467, 92
P.3d at 476 ("Substantial evidence is credible evidence which is of
sufficient quality and probative value to enable a person
of reasonable caution to reach a conclusion.") (quotation marks
omitted) (citation omitted).