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State v. Gilcrease

Intermediate Court of Appeals of Hawai'i

January 16, 2015

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
DAMIAN-RAY E. GILCREASE, Defendant-Appellant

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT. FC-CR. NO. 12-1-102K.

Lianne M. Aoki, Deputy Public Defender, for Defendant-Appellant.

Terri L. Fujioka-Lilley, Deputy Prosecuting Attorney, County of Hawai'i, for Plaintiff-Appellee.

By: Foley, Presiding Judge, Fujise and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Damian-Ray E. Gilcrease (Gilcrease) appeals from the Judgment Guilty Conviction and Sentence, entered on October 12, 2012 in the Family Court of the Third Circuit (Family Court).[1]

Gilcrease was convicted of Abuse of Family or Household Member, in violation of Hawaii Revised Statutes (HRS) 709-906(1) (Supp. 2013) and Criminal Property Damage in the Fourth Degree, in violation of HRS § 708-823(1) (Supp. 2013).

On appeal, Gilcrease contends there was insufficient evidence to convict him of the charges because the State failed to adduce substantial evidence that Gilcrease acted with the requisite state of mind for each offense.

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 resolve Gilcrease's points of error as follows and affirm:

There was sufficient evidence that Gilcrease acted with the requisite intent to commit Abuse of Family or Household Member and Criminal Property Damage in the Fourth Degree.

The Hawai'i Supreme Court has

held that evidence adduced in the trial court must be considered in the strongest light for the prosecution when the appellate court passes on the legal sufficiency of such evidence to support a conviction; the same standard applies whether the case was before a judge or a jury. The test on appeal is not whether guilt is established beyond a reasonable doubt, ...

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