On June 22, 2011, the Hawai’i Intermediate Court of Appeals issued its opinion in State v. Martins, CAAP-10-0000016 (Summary Disposition Order- unpublished, panel: Fujise, Presiding Judge, Leonard and Ginoza, JJ.). Appeal from the District Court of the Fifth Circuit, Hon. Honorable Laurel Loo presiding. On the briefs were Charles A. Foster, Esq. for Defendant-Appellant and Deputy Prosecuting Attorney Tracy Murakami, Esq.
The complaining witness (CW) testified that as he was walking from Wal-Mart using his cane, Defendant, driving a moped, stopped and waited for him. The two men argued, and the CW testified that Defendant grabbed CW’s cane and threw it away.
“In closing argument, the . . . State argued that McCoy had the cane in his hand when it was ripped out, such that it was an offensive touching meant to harass, annoy or alarm McCoy. The defense argued that ‘the State hasn't shown that [Martins] intended to harass, annoy and alarm by taking the cane." Rather, the defense asserted, there was a mutual confrontation, McCoy was waving his cane, and Martins took the cane and threw it in an attempt at self-protection.’” The Judge found the Defendant guilty of harassment but not guilty of assault.
Defendant argued for the first time of appeal that the complaint was insufficient. Defendant did not suggest that the wording of the Complaint prejudiced him, but contended that the Complaint "cannot within reason be construed to charge a crime.” Under the circumstances of this case, the ICA held that Complaint could be reasonably construed to charge the crime of Harassment and Defendant was adequately informed of the charge against him. Affirmed.
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