State v. PHANPRADITH

NO'I` FOR PUBLICATION IN W*EST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29625

IN THE INTERMEDIATE COURT OF APPEALS §§

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OF THE STATE OF HAWAI:I go
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STATE OF HAWAfI, Plaintiff~Appellee, _
CHRISTOPHER A. PHANPRADITH, Defendant~Appel

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
06-1-O3lO)

<CR. No.

SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J , Foley and Leonard, JJ.)
Defendant~Appellant Christopher A. Phanpradith

(Phanpradith) appeals from the Judgment of Conviction and
2009 in the Circuit Court of the
A jury convicted Phanpradith of

Sentence filed on January 20,
1

(circuit court).
one count of Sexual Assault in the First Degree, in violation of
2005) and two

First Circuit
Hawaii Revised Statutes (HRS) § 707~73O (Supp.
in violation of HRS

counts of Sexual Assault in the Third Degree,
with respect

(l)

2008).
the circuit

(Supp.
Phanpradith contends that

§ 707-732
On appeal,
to the charge of SeXual Assault in the First Degree,

court erred by not instructing the jury on the included offense
(2) there was

of SeXual Assault in the Third Degree and

submitted by the parties and having given due consideration to
we

insufficient evidence to convict him.
Upon careful review of the record and the briefs
the arguments advanced and the issues raised by the parties,
resolve Phanpradith's points of error as follows:
(l) Even if the circuit court erred by failing to
instruct the jury on SeXual Assault in the Third Degree, it was
harmless error because the jury convicted Phanpradith of a

The Honorable Steven S. Alm presided.

l

NOT FOR PUBLICATI()N IN WEST'S HAWAI‘I REP()RTS AND PACIFIC REPORTER

greater offense. State v. Haanio, 94 HawaFi 405, 415~16, 16
P.3d 246, 256-57 (200l).

(2) Considering the evidence adduced at trial in the
strongest light in favor of the prosecution, there was
substantial evidence of each element of sufficient quality and
probative value to enable a person of reasonable caution to
support a conclusion that Phanpradith was guilty of one count of
SeXual Assault in the First Degree and two counts of Sexual
Assault in the Third Degree. State v. Richie, 88 Hawafi 19, 33,
960 P.2d 1227, 1241 (1998). This court will not set aside
verdicts based on conflicting evidence where there is substantial
evidence to support the jury's findings. State v. Mattiello, 90
Hawafi 255, 259, 978 P.2d 693, 697 (l999).

Therefore,

The Judgment of Conviction and Sentence filed on
January 20, 2009 in the Circuit Court of the First Circuit is
affirmed.

DATED= Honoluiu, Hawai‘i, march 19, 2010.

On the briefs:

Dean K. Young
for Defendant-Appellant. ii ‘2Zf::;zzZé;97¢4r/\__

James M. Anderson, Chief Judge
Deputy Prosecuting Attorney,
City and County of Honolulu,

for Plaintiff~APPellee. Cl;§bdU%Z;?
Associate Judge §

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