LAW L|BRAHY
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29705 1
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IN THE INTERMEDIATE COURT OF APPEALS ' ’ §§ w
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OF THE STATE OF HAWAFI `J fw
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STATE oF HAWAI‘I, Plainc;i_ff-Appellee, v §§
CHRISTOPHER MccoRMAcK, Defendant-Appellanc‘
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(FC-CR. NO. 08-l-2254)
SUMMARY DISPOSITION ORDER
Nakamura, C.J., Foley and Fujise, JJ.)
(By:
Defendant-Appellant Christopher McCormack (McCormack)
appeals from the Judgment entered on February 1l, 2009 by the
Family Court of the First Circuit (family court).1
in violation of
McCormack was convicted of Harassment,
§ 711-1106 (Supp. 2008).
Hawaii Revised Statutes (HRS)
(l) there was
0n appeal, McCormack contends
insufficient evidence to convict him of Harassment because
Plaintiff-Appellee State of Hawafi (State) failed to prove that
McCormack shoved, kicked, or otherwise touched the complaining
the State failed to
witness in an offensive manner and (2)
disprove McCormack's justification of self-defense beyond a
reasonable doubt.
Upon careful review of the applicable law, 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 McCormack's points of error as follows:
The evidence adduced at trial considered in the
annoy,
strongest light in favor of the prosecution demonstrated that
or alarm the
or kicking her in an
McCormack acted intentionally to harass,
shoving,
complaining witness by striking,
offensive manner or subjected her to offensive physical contact
Ching presided.
1 The Honorable Gale L.F.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
The complaining witness testified that McCormack first
shoved her into a wall which caused her to temporarily lose her
balance. McCormack then grabbed her shirt and pants which caused
her to lose her balance again. When the complaining witness
attempted to grab McCormack to stabilized herself, he kicked her
which caused her to fall down the stairs and injure her finger.
The family court found the complaining witness's testimony
credible and McCormack's testimony not credible. "It is well-
settled that an appellate court will not pass upon issues
dependent upon the credibility of witnesses and the weight of the
evidence; this is the province of the trier of fact." State v.
Mattiello; 90 HaWaiT.255, 259, 978 P.2d 693, 697 (l999) d
(internal quotation marks, citations, and brackets omitted; block
quote format changed). w
"The prosecution disproves a justification defense
beyond a reasonable doubt when the trial court believes the
prosecution's case and disbelieves the defendant's case." §;a;e
v. Jhun, 83 HaWaFi 472, 483, 927 P.2d l355, l366 (l996). lt is
evident that the family court believed the complaining witness's
testimony and disbelieved McCormack's testimony with respect to
his assertion that he was acting in self~defense by grabbing the
complaining witness's hand. ld4
Therefore,
IT lS HEREBY ORDERED THAT the February ll, 2009
Judgment of the Family Court of the First Circuit is affirmed.
DATED: Honolulu, Hawafi, May 27, 2010.
£¢,‘»»n%.f¢,,,w._
Setsuko Regina Gormley, Chief Judge
Deputy Public Defender,
for Defendant-APP€llant. élZQn;eJ¢@EP l:;éZ:7
ge
Associate Jud
On the briefs:
Delanie D. Prescott-Tate
Deputy Prosecuting Attorney, 675t/
City and County of Honolulu,
for Plantiff-Appellee. Associate Judge