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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
10-MAR-2026
07:57 AM
Dkt. 59 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Plaintiff-Appellee,
v.
KARELY JANISE ROBLES, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CASE NO. 1DCW-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)

Defendant-Appellant Karely Janise Robles (Robles)

appeals from the District Court of the First Circuit's (district

court) April 3, 2024 "Notice of Entry of Judgment and/or Order"

(Judgment). 1

On November 6, 2023, the Plaintiff-Appellee State of

Hawaiʻi (State) charged Robles by Complaint with four counts of

Assault in the Third Degree, in violation of Hawaii Revised

1 The Honorable Kristine Y. Yoo presided.
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Statutes (HRS) § 707-712(1)(a) (2014). Following a jury-waived

trial, the district court found Robles guilty of the misdemeanor

offense of Assault in the Third Degree on Count 3. The district

court found Robles guilty of the petty misdemeanor offense of

Assault in the Third Degree, as mitigated by the defense of

mutual affray, on Counts 1, 2, and 4.

On appeal, Robles raises a single point of error,

contending that the district court "committed clear error in

finding Todd [Brewer (Todd)] and Missy [Brewer (Missy)] to be

credible [witnesses] and [in] relying on that finding to convict

[Robles] of Assault in the Third Degree in Count 3, and Mutual

Affray in Counts 1, 2, and 4." 2 (Formatting altered.)

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 resolve Robles' contention of error as follows.

Robles contends that the circuit court's "finding that

Missy and Todd were credible was inconsistent with its finding

that [Robles] was guilty of Mutual Affray rather than Assault in

the Third Degree." Under Robles' theory, "[i]f Missy and Todd

were credible in describing [Robles] as the sole aggressor,

their testimony would logically support a finding of Assault in

2 "Mutual affray is a mitigating defense to Assault in the Third
Degree, reducing the offense from a misdemeanor to a petty misdemeanor."
State v. Henley, 136 Hawaiʻi 471, 479, 363 P.3d 319, 327 (2015) (cleaned up).

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the Third Degree, not Mutual Affray." Assessment of the

credibility of witnesses "is not within the province of an

appellate court, but a function of the fact finder at trial."

State v. Kikuta, 125 Hawaiʻi 78, 89, 253 P.3d 639, 650 (2011).

Missy testified as follows. On November 2, 2023,

Missy, Todd, and their son, CB, were "hanging out" in the ground

floor common area of their apartment complex when "an argument

started" with Robles. Robles was a second floor resident of the

apartment complex. Following the argument, Robles left the

common area. Shortly after, Robles, while standing on the

second floor above them, "sprayed something" on CB and Todd that

smelled like "bleach." In response, Missy went to the second

floor "to find out what [Robles] had just sprayed on [CB]."

Robles then "grabbed [Missy's] hair," pulling Missy into Robles'

apartment, and Robles and Missy "got into a physical fight."

Todd and CB "came up to get [Missy]," and, "at some point," they

were joined by Missy and Todd's other son, OB. Robles sprayed

Missy, Todd, and OB with mace. Missy testified that she felt

"[s]evere burning and pain and fear" when sprayed, and that she

lost her vision for about an hour or an hour and a half.

Following the incident, Missy helped her family, including CB

who "had gotten into the shower."

Todd testified as follows. Todd was in the common

area with his family; Robles was also there. Todd asked Robles

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to leave because Robles "got a little loud." Robles left, but a

few minutes later, Robles sprayed CB from the second floor with

something that "started to burn." Todd was not "hit" initially

with "the stream coming down by [Missy, CB, and Todd]." Missy

went upstairs. Todd followed, and he saw Robles "trying to

spray" Missy, and "grab [Missy] by her hair and pull her into

[Robles'] apartment." Todd "hollered for [his] son[s]," and

Todd and his sons "pulled [Robles and Missy] apart." As soon as

Robles and Missy were separated, Robles "started spraying all of

[them]." Todd experienced "extreme pain" and temporary loss of

vision. Missy helped their "son because he had been sprayed so

bad."

Considering the record evidence in the strongest light

for the prosecution, we conclude there was sufficient evidence

to support the district court's finding that Robles committed

misdemeanor Assault in the Third Degree against CB (Count 3),

and petty misdemeanor Assault in the Third Degree, as mitigated

by the defense of mutual affray, against Missy, Todd, and OB

(Counts 1, 2, and 4). See State v. Yuen, 154 Hawaiʻi 434, 444,

555 P.3d 121, 131 (2024) ("Evidence adduced in the trial court

must be considered in the strongest light for the prosecution

when the appellate court passes on the legal sufficiency of such

evidence to support a conviction[.]" (cleaned up)). To the

extent Robles contends that Missy and Todd's testimonies were

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"inconsisten[t]," we, as an appellate court, "will neither

reconcile conflicting evidence nor interfere with the decision

of the trier of fact based on the witnesses' credibility or the

weight of the evidence." State v. Mitchell, 94 Hawaiʻi 388, 393,

15 P.3d 314, 319 (2000) (citations omitted).

We therefore affirm the Judgment.

DATED: Honolulu, Hawaiʻi, March 10, 2026.

On the briefs: /s/ Karen T. Nakasone
Chief Judge
William H. Jameson, Jr.,
Deputy Public Defender, /s/ Sonja M.P. McCullen
for Defendant-Appellant. Associate Judge

Loren J. Thomas, /s/ Kimberly T. Guidry
Deputy Prosecuty Attorney, Associate Judge
City and County of Honolulu,
for Plaintiff-Appellee.