Z,tmvi».i,i§%»' ;rr;,:i,%;::§g,(»» NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER NO. 29504 §§ IN THE INTERMEDIATE COURT OF APPEALS §§ c x» oF THE STATE oF HAwAf: §§ “H c- §§ 3» FW ANTHONY K. CHATMAN, Petitioner-Appellant, 33 Y? v. §§ STATE OF HAWAl‘I, Respondent~Appellee §§ APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P.P. NO. 08-l-OOl9 (FC~Cr. No. 02-1-OOll and Cr. No. O2~l-2353)) SUMMARY DISPOSITION ORDER (By: Foley, PreSiding J., Leonard, J., and in place of Circuit Judge PerkinS, C J., and FujiSe, J., both recuSed) Nakamura, (Chatman) Petitioner-Appellant Anthony K. Chatman and Order appeals from the Findinge of Fact, Conclusione of Law, Denying Petition For PoSt-Conviction Relief (FOF/COL/Order) filed on January 26, 2009 in the Circuit Court of the FirSt Circuit (circuit court)F On June 30, 2003, a jury convicted Chatman of (l) in violation of Hawaii Attempted Murder in the Second Degree, 707-70l.5 (l993), (HRS) §§ 705-500(2) (l993), ReviSed Statutee in Cr. No. 02-l~OOll; and and 706~656 in violation of HRS § 710-lO70(l)(a), (2) Bribery of a WitneSS, in violation of HRS (l993); lntimidating a WitneSS, (c) (l993); and Extortion in the (l993) and , (b), and in violation of HRS §§ 707-766(l)(b) Second Degree, in Cr. No. 02-1-2353.2 The circuit court 707-764(2) (Supp. 2007) z 1 The Honorable Karen S. S. Ahn preeided. The jury found Chatman not guilty of Abuse of Family and HouSehold HRS § 709-906 (Supp. 2005), and the circuit court filed the Judgment Membere, 2003. of Acquittal on June 30, NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIF`IC REPORTER filed its judgments on July l9, 2OO4,3 and Chatman timely appealed. 1 On August 3, 2006, in Chatman's direct appeal, the Hawafi Supreme Court (l) affirmed his convictions except for his conviction in Cr. No. 02-l~2353 for Extortion in the Second Degree, which the court vacated, and (2) denied his ineffective assistance of counsel claim without prejudice. On May l2, 2008, Chatman filed a Petition for Post- Conviction Relief (Petition), pursuant to Rule 40 of the Hawaii Rules of Penal Procedure (HRPP). Chatman claimed that he had received ineffective assistance of counsel because his trial counsel failed to (l) secure the presence or testimony of a witness, Eri Gunji (Gunji), at trial (2) investigate a juror, and (3) secure the appearance of witnesses for a motion for new trial. The State of HawaiU_filed its answer on September 5, 2008. On January 26, 2009, the circuit court filed the FOF/COL/Order. Chatman timely appealed. On appeal, Chatman asserts the same claims as those in his Petition. 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, as well as the relevant statutory and case law, we conclude that Chatman's points of error are without merit. Chatman did not meet his "burden of establishing ineffective assistance of counsel . . . : l) that there were specific errors or omissions reflecting counsel's lack of skill, judgment, or diligence; and 2) that such errors or omissions resulted in either the withdrawal or substantial impairment of a potentially meritorious defense." State v. Wakisaka, 102 Hawafi 504, 5l4, 78 P.3d 3l7, 3 On December 30, 2002, the circuit court consolidated Cr. Nos. 02-l~ OOll and 02-l-2353 for trial. NOTIWHIPUBlJCATTONIN\NESTT§HAAVAYIREPORTSAOUPACIFKfREFORTER 327 (2003) (internal quotation marks, citations, and footnote omitted). Therefore, lT IS HEREBY ORDERED that the Findings of Fact, Conclusions of Law, and Order Denying Petition For Post- Conviction Relief filed on January 26, 2009 in the Circuit Court of the First Circuit is affirmed. DATED: Honolulu, Hawafi, March 24, 20lO. On the briefs: Anthony Chatman, sf- Petitioner-Appellant pro se. ' by ‘ 6Z?_ %~’“ Stephen K. Tsushima, Presiding Judge Deputy Prosecuting Attorney, City and County of Honolulu, for Respondent~Appellee. »v Acting Associate Judge