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State of Hawaii v. Guillermo Martinez

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


January 23, 2012

STATE OF HAWAII,
PLAINTIFF-APPELLEE,
v.
GUILLERMO MARTINEZ, DEFENDANT-APPELLANT

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT PUNA DIVISION (CASE NO. 3P109-00248)

The opinion of the court was delivered by: Honorable Barbara T. Takase

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding J., Reifurth, and Ginoza, JJ.)

Defendant-Appellant Guillermo Martinez (Martinez)

appeals from the Judgment of Conviction and Sentence filed on September 2, 2010 in the District Court of the Third Circuit, Puna Division (district court).*fn1

The district court found Martinez guilty of Criminal Property Damage in the Fourth Degree, in violation of Hawaii Revised Statutes (HRS) § 708-823(1) (Supp. 2010).

On appeal, Martinez contends the district court erred by excluding two of his proffered alibi witnesses, who would have testified that Martinez was not at the scene when the crime was alleged to have occurred.

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

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 conclude that Martinez's appeal is without merit. The record does not contain any written notice by Martinez regarding alibi witnesses. There is nothing in the record to show that Martinez complied with Hawaii Rules of Penal Procedure Rule 12.1(a) and (b).

Therefore,

IT IS HEREBY ORDERED that the Judgment of Conviction and Sentence filed on September 2, 2010 in the District Court of the Third Circuit, Puna Division, is affirmed.

Associate Judge

Associate Judge


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