State v. Campbell ( 2021 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
14-JUN-2021
07:57 AM
Dkt. 65 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
JAMES A. CAMPBELL, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HONOLULU DIVISION)
(CASE NO. 1DTA-18-00807)
SUMMARY DISPOSITION ORDER
(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)
Defendant-Appellant James A. Campbell (Campbell)
appeals from the Notice of Entry of Judgment and/or Order and
Plea/Judgment filed on October 7, 2019 (Judgment), in the
District Court of the First Circuit, Honolulu Division (District
Court).1/
Campbell was convicted of Operating a Vehicle Under the
Influence of an Intoxicant (OVUII), in violation of Hawaii
Revised Statutes (HRS) § 291E-61(a)(1) (Supp. 2017).2/
1/
The Honorable Summer Kupau-Odo presided.
2/
HRS § 291E-61(a)(1) states:
§ 291E-61 Operating a vehicle under the influence of
an intoxicant. (a) A person commits the offense of
(continued...)
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Campbell raises a single point of error on appeal,
contending that there was insufficient evidence to convict him of
OVUII, specifically, that there was insufficient evidence that he
operated a vehicle while under the influence of alcohol in an
amount sufficient to impair his normal mental faculties or
ability to care for himself and guard against casualty.
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 Campbell's point of error as follows:
When the evidence adduced at trial is considered in the
strongest light for the prosecution, which we must do, we
conclude that there was substantial evidence to support
Campbell's conviction for OVUII. See State v. Matavale, 115
Hawai#i 149, 157-58, 166 P.3d 322, 330-31 (2007). "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 Hawai#i 255, 259, 978 P.2d 693, 697 (1999)
2/
(...continued)
operating a vehicle under the influence of an intoxicant if
the person operates or assumes actual physical control of a
vehicle:
(1) While under the influence of alcohol in an
amount sufficient to impair the person's normal
mental faculties or ability to care for the
person and guard against casualty[.]
2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
(internal quotation marks, citations, and brackets omitted;
format altered).
Honolulu Police Department (HPD) Officer Jared Spiker
(Officer Spiker) testified that on February 22, 2018, at
approximately 3:30 a.m., he stopped Campbell after observing him
commit driving violations on Kona Street near Keeaumoku Sreet,
which is in the City and County of Honolulu, State of Hawai#i,
and is a public street, way, or highway. He observed Campbell
drive over two lanes at the same time for a few hundred yards
while traveling eastbound on Kona Street in a white Honda sedan.
Half the vehicle was in one lane and the other half was on the
other side of the lane line. When Officer Spiker informed
Campbell why he was stopped, Campbell stated he was fighting with
his girlfriend earlier, and because it was his birthday, he was
drinking and he smoked, and he was a little bit drunk. As he was
speaking to Campbell, Officer Spiker detected a strong odor of an
alcoholic-type beverage coming from Campbell's breath, a strong
odor of marijuana coming from him, he had red, glassy, and
bloodshot eyes, he was slurring his speech, his face was flushed
and red, and he had a dazed look on his face. When exiting his
vehicle, Campbell walked very slowly, was unsteady on his feet,
was swaying in all directions, and dropped a cigarette he was
about to smoke.
HPD Officer Richard Townsend (Officer Townsend)
testified that on February 22, 2018, at approximately 3:30 a.m.,
3
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
he administered the horizontal gaze nystagmus (HGN) test to
Campbell. He observed that Campbell had red, watery eyes, a
strong odor of an alcoholic-type beverage, and he swayed in all
directions throughout the test. During the walk-and-turn test,
Campbell missed two heel-to-toe steps by two inches or more, did
not count out loud, took ten steps instead of nine, used both
feet to turn, was off balance and took a few seconds to regain
his balance, raised his arms, stepped off the line during the
second nine steps, missed several heel-to-toe steps with two-inch
gaps on the second nine steps, and took ten steps instead of
nine, all contrary to the instructions. During the one-leg stand
test, Campbell swayed front-to-back, raised his arms above his
waist, lifted his foot only two to three inches off the ground,
and only counted to 21, all contrary to the instructions.
Based on the testimony of HPD Officers Spiker and
Townsend, we conclude that there was substantial evidence that
Campbell operated a vehicle while under the influence of alcohol
in an amount sufficient to impair his normal mental faculties or
ability to care for himself and guard against casualty.
4
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Accordingly, the District Court's October 7, 2019
Judgment is affirmed.
DATED: Honolulu, Hawai#i, June 14, 2021.
On the briefs:
/s/ Lisa M. Ginoza
Andrew I. Kim, Chief Judge
Deputy Public Defender,
for Defendant-Appellant. /s/ Katherine G. Leonard
Associate Judge
Sonja P. McCullen,
Deputy Prosecuting Attorney, /s/ Clyde J. Wadsworth
City and County of Honolulu, Associate Judge
for Plaintiff-Appellee.
5