ICA affirms assault conviction but remands for resentencing

On June 21, 2011, the Hawai’i Intermediate Court of Appeals issued its opinion in State v. Kang, No. 30656 (Summary Disposition Order- unpublished. Panel: Nakamura, CJ., Fujise and Ginoza, JJ.). This was an appeal from the District Court of the First Circuit, the Hon. Faye M. Koyanagi, presiding. On the briefs were Chad D. Enoki, Esq. for Appellant-Defendant and Stephen K. Tsushima, Esq. for Appellee-State.

Defendant was found guilty of Assault in the 3rd Degree, a petty misdemeanor. Defendant first alleged on appeal that the State had failed to disprove his claim of self-defense. The ICA disagreed, noting the testimony of the complaining witness that Defendant had head butted and otherwise assaulted him on the night in question. The prosecution disproves a claim of self-defense beyond a reasonable doubt when, essentially, the trier of fact believes its case and disbelieves the defense. Here, the district court believed the State's case and disbelieved Defendant's assertion of self-defense.

Defendant next argued that the trial court erred in admitting evidence of his arrest for harassment that occurred a month before the alleged assault. The ICA noted that this evidence was admitted for the limited purpose of rebutting Defendant’s argument that his injuries were a result of the confrontation with the complaining witness on the night in question. The ICA held that when other-crimes evidence is introduced for a limited purpose, it is presumed that the trial judge considered it only for that purpose, and overruled this argument.

Defendant finally argued that the district court erred by not addressing him prior to sentencing and providing him with an opportunity to make a statement or present information in mitigation of punishment. The State agreed that this was a reversible error. The ICA held that Defendant was not provided an opportunity to make a statement or present information in mitigation of punishment and the required remedy was remand of the case for resentencing before a different judge.

Affirmed in part, vacated in part.