State v. McCormack

LAW L|BRAHY NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER NO. 29705 1 §§ §§ s§§y § IN THE INTERMEDIATE COURT OF APPEALS ' ’ §§ w n¢ § OF THE STATE OF HAWAFI `J fw _ § §§ ha 4P b§::z 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by striking, offensive manner or subjected her to offensive physical contact Ching presided. 1 The Honorable Gale L.F. NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER The complaining witness testified that McCormack first shoved her into a wall which caused her to temporarily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