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State v. McCloud

Intermediate Court of Appeals of Hawai'i

February 10, 2015

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
MARVIN L. McCLOUD, Defendant-Appellant

Editorial Note:

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

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT, WAHIAWA DIVISION. CASE NO. 1P2110000411.

On the briefs: Harrison L. Kiehm, for Defendant-Appellant.

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

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

SUMMARY DISPOSITION ORDER

Defendant-Appellant Marvin L. McCloud (McCloud) appeals from the Notice of Entry of Judgment and/or Order, filed on December 6, 2012, in the District Court of the First Circuit, Wahiawa Division (district court).[1] After a bench trial, the district court found McCloud guilty of Disorderly Conduct as a petty misdemeanor, pursuant to Hawaii Revised Statutes (HRS) § 711-1101 (1) (a) and (3) (2014).[2]

On appeal, McCloud argues that the district court wrongly convicted him based on insufficient evidence. 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 McCloud's appeal as follows and affirm.

We review the sufficiency of evidence on appeal as follows:
[E]vidence 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 jury. The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact.
State v. Richie, 88 Hawai'i 19, 33, 960 P.2d 1227, 1241 (1998) (quoting State v. Quitog, 85 Haw. 128, 145, 938 P.2d 559, 576 (1997)). " 'Substantial evidence' as to every material element of the offense charged is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion." Id. (citation omitted).

State v. Kalaola, 124 Hawai'i 43, 49, 237 P.3d 1109, 1115 (2010).

On December 3, 2011, at 10:30 p.m., Officer Reginald Manoa (Manoa) responded to an argument in a residential neighborhood, on Ehoeho Avenue, in Wahiawa, on O'ahu. The neighborhood consisted of single-family dwellings and an apartment complex with numerous apartments, and no businesses in the immediate area.

When Officer Manoa arrived at the scene, he saw two groups of people on each side of a gate that went across the driveway of a residence.[3] McCloud, as well as another man and woman (collectively, the McCloud group), were outside of the gate, yelling and screaming at someone inside the house to come out and saying that they wanted to go in and get the person. At least three people inside the gate were holding the gate closed, telling the McCloud group they could not enter. A man standing outside the gate was trying to talk the McCloud group into going home. McCloud ...


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