State v. Mahoe

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
18-JUN-2025
07:58 AM
Dkt. 65 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
CHARLESTON MAHOE, Defendant-Appellant
(CASE NO. 1CPC-XX-XXXXXXX)

AND

STATE OF HAWAI#I, Plaintiff-Appellee, v.
CHARLESTON MAHOE, SR., Defendant-Appellant
(CASE NO. 1CPC-XX-XXXXXXX)

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

SUMMARY DISPOSITION ORDER
(By: Leonard, Acting C.J., and Hiraoka and Wadsworth, JJ.)

Defendant-Appellant Charleston Mahoe, also known as
Charleston Mahoe, Sr. (Mahoe), appeals from the following orders
(together, the Denial Orders) entered by the Circuit Court of the
First Circuit: (1) the February 28, 2023 "Findings of Fact,
Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss
Proceedings" in case no. 1CPC-XX-XXXXXXX (Case 823); and (2) the
February 28, 2023 "Findings of Fact, Conclusions of Law, and
Order Denying [Mahoe's] Motion to Dismiss Proceedings," in case
no. 1CPC-XX-XXXXXXX (Case 829).1/
On June 22, 2017, Plaintiff-Appellee State of Hawai#i
(State) charged Mahoe in Case 823 with Count 1, Assault in the
Second Degree, and Count 2, Violation of a Temporary Restraining
Order. On June 23, 2017, the State charged Mahoe in the 829 Case

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The Honorable Shirley M. Kawamura presided in both cases.
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

with Counts 1 through 3, Terroristic Threatening in the First
Degree, and Counts 4 through 9, Violation of a Temporary
Restraining Order.
Mahoe pleaded no contest to all counts in both cases,
and on December 19, 2017, the circuit court sentenced him to HOPE
probation.
On June 24, 2022, the State moved in both cases to
revoke Mahoe's probation and resentence him.
On December 22, 2022, Mahoe filed a Motion to Dismiss
Proceedings (Motion to Dismiss) in each case. Mahoe argued that
the Hawai#i Supreme Court's decision in State v. Obrero, 151
Hawai#i 472, 517 P.3d 755 (2022), required dismissal due to the
State's failure to comply with HRS § 801-1's indictment-or-
information requirement.
On February 28, 2023, the circuit court entered the
Denial Orders, which denied the respective Motions to Dismiss.
On May, 11, 2023, the circuit court filed Orders of Resentencing
Revocation of Probation.
On appeal, Mahoe contends that the circuit court erred
in applying "the Motta/Wells standard" to his "Obrero claim" and
denying his Motions to Dismiss on that basis.
After reviewing the record on appeal and the relevant
legal authorities, and giving due consideration to the issues
raised and the arguments advanced by the parties, we resolve
Mahoe's appeal as follows:
The Hawaii Supreme Court has held that "Obrero applies
to cases that were pending trial before the decision. Obrero
does not apply retroactively to defendants who pled out or to
defendants convicted after a trial." State v. Bautista, 153
Hawai#i 284, 289, 535 P.3d 1029, 1034 (2023). The supreme court
further held that "defendants awaiting sentencing . . . are
foreclosed from having their pleas nullified or their trial
convictions overturned" pursuant to Obrero. Id.
Here, Mahoe pled out, was convicted, and was sentenced
to probation with special conditions before Obrero was decided.
He was awaiting resentencing when he first raised his argument
based on Obrero. Pursuant to Bautista, Obrero did not apply to

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

his cases. Accordingly, the circuit court did not err in denying
the Motions to Dismiss.
Therefore, the respective February 28, 2023 Denial
Orders entered by the Circuit Court of the First Circuit in Case
823 and Case 829 are affirmed.

DATED: Honolulu, Hawai#i, June 18, 2025.

On the briefs:
/s/ Katherine G. Leonard
Taryn R. Tomasa, Acting Chief Judge
Deputy Public Defender,
for Defendant-Appellant.
/s/ Keith K. Hiraoka
Brian Vincent, Associate Judge
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee. /s/ Clyde J. Wadsworth
Associate Judge

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