State v. Smythe

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-JAN-2025
07:48 AM
NO. CAAP-22-0000180Dkt. 97 SO

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
CRYSTAL MAE SMYTHE, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
WAILUKU DIVISION
(CASE NO. 2DTC-21-612706)

SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Nakasone and Guidry, JJ.)

Defendant-Appellant Crystal Mae Smythe (Smythe)

appeals from the Judgment and Notice of Entry of Judgment

(Judgment) entered on February 25, 2022 by the District Court of

the Second Circuit for driving without a valid driver's license

in violation of Hawaii Revised Statutes § 286-102 (2020).1

Smythe raises a single argument on appeal,2 contending

that the State failed to show that Officer Jun Hattori had

1 The Honorable Christopher M. Dunn presided.

2 We note that the brief does not contain points of error, nor does
it state "where in the record the alleged error was objected to or the manner
in which the alleged error was brought to the attention of the court[,]" as
required under Hawaiʻi Rules of Appellate Procedure Rule 28(b)(4).
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

probable cause to issue a citation to Smythe because Smythe

presented a "Kingdom of Hawaii license[.]" Upon careful review

of the record, briefs, and relevant legal authorities, and

having given due consideration to the arguments advanced and the

issues raised by the parties, we conclude that Smythe's

contention is waived.

It appears that the issue of probable cause was not

raised by Smythe prior to trial, and was therefore waived. See

Hawaiʻi Rules of Penal Procedure (HRPP) Rule 12(b)(1) ("The

following [motions] must be raised prior to trial: (1) defenses

and objections based on defects in the institution of the

prosecution[.]"). A party's failure to raise such objections

"shall constitute waiver thereof[.]" HRPP Rule 12(f).

We therefore affirm the Judgment.

DATED: Honolulu, Hawaiʻi, January 29, 2025.

On the briefs: /s/ Keith K. Hiraoka
Presiding Judge
Steven Slavitt,
for Defendant-Appellant. /s/ Karen T. Nakasone
Associate Judge
Renee Ishikawa Delizo,
Deputy Prosecuting Attorney, /s/ Kimberly T. Guidry
County of Maui, Associate Judge
for Plaintiff-Appellee.

2