State v. Wright

LAV\/ L!BRAHY

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29864

lN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAlT

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§ 3'::.¢§

sTATE oF HAwAfI, plaintiff-Appe11ee, v.
KEVIN WRIGHT, Defendant-Appellant
CIRCUlT

APPEAL FROM THE DISTRICT COURT OF THE SECOND

WAILUKU DIVISION
O893497MM & O894033MM)

(Case Nos.

SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J., Fujise and Leonard, JJ.)
(Wright) appeals the

Defendant-Appellant Kevin Wright
in the District Court of the

entered on May 6, 2009,
in Case Nos.

Wailuku Division (district court)

Judgments,
4Second Circuit,

O893497MM and O894O33MM.1 3
Wright entered conditional guilty pleas and was
in violation of Hawaii

and No No-Fault

convicted of Driving Without a License,
(2007)
(2005).

<HRs) § 236-102

Revised Statutes
in violation of HRS § 43l:lOG-102

Insurance,
Wright contends that the district court

On appeal,
erred by denying his motion, made pursuant to Rule 9 of the

Hawai‘i Rules of Penal Procedure (HRPP), to dismiss the charges
for failure to serve an arrest warrant without "unnecessary
delay," and violation of his due process rights under the United
States and Hawai°i Constitutions.

The State agrees that the district court abused its

discretion by not dismissing the charges in violation of HRPP

Rule 9.
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 Wright's points of error as follows:

1 The Honorable Kelsey Kawano presided.

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

The State failed to show that the warrant was served
without unnecessary delay, pursuant to HRPP Rule 9. State v.
Qw§Q§, ll6 HaWaiH.l72, 178-79, l72 P.3d 484, 489-90 (2007);
State v. MageO, 78 Hawafi 33, 37-38, 889 P.2d lO92, lO96-97
(App. l995). Because the district court abused its discretion by
not dismissing the charges against Wright for the State's failure
to comply with HRPP Rule 9, we need not address Wright's claim
that his due process rights were violated.

Therefore,

The Judgments, entered on May 6, 2009, in the District
Court of the Second Circuit, Wailuku Division in Case Nos.
O893497MM and O894033MM are reversed.

DATED= Hon@lulu, Hawai‘i, April 9, 2010.

On the briefs:

Phyllis J. Hironaka, 6

Deputy Public Defender,
for Defendant~Appellant. Chief Judge

Richard K. Minatoya, ~.
Deputy Prosecuting Attorney,

County of Maui, /Associate Judge
for Plaintiff-Appellee. '

a ,j,. l
’ ll

‘ssociate Judge