SUMMARY DISPOSITION ORDER
Defendant-Appellant Peter K.K. Kamalii, also known as Pika (Kamalii) appeals from the July 21, 2023 Judgment; Conviction and Probation Sentence; Terms and Conditions of Probation; Notice of Entry (Judgment) entered by the Circuit Court of the Second Circuit (Circuit Court).
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After a jury-waived trial, Kamalii was convicted of one count of Promoting a Dangerous Drug in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 712-1241(1)(a)(i) (Supp. 2023) (Promoting a Dangerous Drug First or Count 1),
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and one count of Promoting a Dangerous Drug in the Third Degree, in violation of HRS § 712-1243(1)(a)(i) (2014). Kamalii was sentenced to ten years of probation, with special terms and conditions that included serving a term of incarceration of two years.
Kamaliis Opening Brief fails to comply with important and helpful requirements set forth in Hawai‘i Rules of Appellate Procedure Rule 28(b)(4), including that it does not include a statement of the points of error, does not state an alleged error by the Circuit Court, does not state where in the record the alleged error(s) occurred, and does not state where in the record Kamalii brought the alleged error(s) to the Circuit Courts attention.
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We nevertheless discern that Kamaliis appeal is based on the contention that he only had the methamphetamine at issue in Count 1 for a short period of time and he discarded it, so his possession was “transitory,” and his conviction for transitory possession should be reversed.
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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 Kamaliis argument on appeal as follows:
Kamaliis argument is without merit. The Circuit Court specifically found that the State proved beyond a reasonable doubt that Kamalii knowingly possessed the methamphetamine that was “in the box” based on evidence that included, inter alia, Kamaliis statements to the police that were more credible than his in-court statements. The Circuit Court found that Kamaliis possession was conscious and substantial. Viewing the evidence in the light most favorable to the prosecution, we conclude that there was substantial evidence to support the Circuit Courts findings and to support Kamaliis conviction of Promoting a Dangerous Drug First. 5
See generally State v. Matavale, 115 Hawai‘i 149, 157-58, 166 P.3d 322, 330-31 (2007) (regarding our standard of review).
For these reasons, the Circuit Courts July 21, 2023 Judgment is affirmed.
Katherine G. Leonard Acting Chief Judge
Clyde J. Wadsworth Associate Judge
Sonja M.P. McCullen Associate Judge
FOOTNOTES
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. The Honorable Kirstin M. Hamman presided.
2
. HRS § 712-1241(1)(a)(i) states:HRS § 712-1241 Promoting a dangerous drug in the first degree. (1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:(i) One ounce or more, containing methamphetamine, heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers[.]
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. Kamalii is represented by counsel on appeal.
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. Kamalii makes no discernible argument concerning the other count, and therefore, any such argument is waived.
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. In light of the Circuit Courts factual determinations, we do not address the viability of Kamaliis defense theory under Hawai‘i law, but we note that it may be inconsistent with the Hawai‘i Supreme Courts decision in State v. Hironaka, 99 Hawai‘i 198, 205, 53 P.3d 806, 813 (2002); see also HRS § 702-202 (2014) (setting forth when possession is a voluntary act).