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State of Hawaii v. Simbralynn L. Kanaka'ole

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


September 25, 2012

STATE OF HAWAII, PLAINTIFF-APPELLEE,
v.
SIMBRALYNN L. KANAKA'OLE,
DEFENDANT-APPELLANT

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-CR. NO. 10-1-0246)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

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

Defendant-Appellant Simbralynn L. Kanaka'ole (Kanaka'ole) appeals from the November 3, 2011 "Judgment of Conviction and Sentence" (Judgment) entered in the Family Court of the Third Circuit *fn1 (family court). Kanaka'ole was convicted of harassment in violation of Hawaii Revised Statutes (HRS) § 711-1106 (Supp. 2011).

On July 6, 2010, Plaintiff-Appellee, State of Hawaii filed a complaint charging Kanaka'ole with abuse of a household or family member in violation of HRS § 709-906 (Supp. 2011). Kanaka'ole pled no contest to the lesser offense of harassment in violation of HRS § 711-1106.

On November 3, 2011, the family court entered Judgment against Kanaka'ole sentencing her to 35 hours of community service. On November 9, 2011, Kanaka'ole filed a notice of appeal.

On appeal, Kanaka'ole contends the family court lacked jurisdiction because she is a citizen of the Kingdom of Hawaii. 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, as well as the relevant statutory and case law, we conclude Kanaka'ole's appeal is without merit. See Adams v. State, 103 Hawaii 214, 222, 81 P.3d 394, 402 (2003); see also State v. Ferqerstrom, 106 Hawaii 43, 55, 101 P.3d 652, 664 (App. 2004). Therefore,

IT IS HEREBY ORDERED that the November 3, 2011

"Judgment of Conviction and Sentence" of the Family Court of the Third Circuit is affirmed.

Presiding Judge Associate Judge Associate Judge


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