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State v. Bailey

Intermediate Court of Appeals of Hawaii

July 10, 2013

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
BLADESIN-ISAIAH BAILEY, Defendant-Appallant, and ANDREW JOSIAH RODRIGUEZ, Defendant.

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 10-1-0819)

Shawn A. Luiz for Defendant-Appellant.

Sonja P. McCullen Deputy Prosecuting Attorney City and County of Honolulu for Plaintiff-Appellee.

Nakamura, C.J., Fujise and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Bladesin-Isaiah Bailey (Bailey) appeals from the Judgment of Conviction and Sentence (Judgment) filed on March 19, 2012, in the Circuit Court of the First Circuit[1] (circuit court). Judgment was entered against Bailey for Kidnapping, in violation of Hawaii Revised Statutes (HRS) § 707-720(1) (e) (Supp. 2012), [2] and Assault in the Third Degree, in violation of HRS § 707-712 (1993 Repl.).[3]

On appeal, Bailey contends that the circuit court erred in denying his oral motion for judgment of acquittal and his renewed motion for judgment of acquittal because Plaintiff-Appellee State of Hawai'i (the State) failed to establish venue. Bailey also contends that the circuit court erred in denying his motion for judgment of acquittal because the Class A felony Kidnapping verdict was inconsistent with the Assault in the Third Degree verdict.

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 resolve Bailey's points of error as set forth below.

I. Venue

Bailey contends that venue was not proven because no witness testified that the events occurred in the "City and County of Honolulu" and only one witness mentioned the island of Oahu. We conclude that venue was properly established.

HRS § 701-114(1) (d) (1993 Repl.)[4] provides that, in a criminal case, venue must be proven beyond a reasonable doubt. Hawai'i Rules of Penal Procedure (HRPP) Rule 18 provides that: "[e]xcept as otherwise permitted by statute or by these rules, the prosecution shall be had in the circuit in which the offense or any part of it was committed." HRS § 603-1 (Supp. 2012) describes the State of Hawaii's judicial circuits:

§603-1 Judicial circuits. The State is divided, into four judicial circuits, as follows:
(1) The first judicial circuit is the island of Oahu and all other islands belonging to the State ...

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