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State v. Abel

Intermediate Court of Appeals of Hawai‘i

January 8, 2014

STATE of Hawai‘i, Plaintiff-Appellee,
v.
James E. ABEL, Defendant-Appellant.

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

Appeal from the District Court of the First Circuit (Case No. 1P1120008541).

James S. Tabe, Chief Judge, Deputy Public Defender, for Defendant-Appellant.

Brandon H. Ito, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.

NAKAMURA, C.J., FOLEY and FUJISE, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant James E. Abel appeals from a December 17, 2012 Notice of Entry of Judgment and/or Order entered in the District Court of the First Circuit (district court) for using a live animal for the solicitation of business on public property in violation of Revised Ordinances of Honolulu (ROH) § 29-13.2(b) (2012).

On appeal Abel contends the district court wrongly denied his motion for judgment of acquittal and wrongly adjudged him guilty as charged because the Plaintiff-Appellee State of Hawai‘i failed to provide sufficient evidence regarding the element of solicitation.

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 Abel's appeal is without merit.

ROH § 29-13.2(b) provides that

In the Waikiki special district, no person shall use any live animal in furtherance of any solicitation on any public property, except in compliance with all of the following conditions of this section or, if applicable,. Section 29-13.2A:
....
(b) The person conducting the solicitation shall not place the animal on or otherwise transfer the ...

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