429 P.3d 604 (Hawai’i App. 2018), CAAP-17-0000824, State v. Wykes

Docket Nº:CAAP-17-0000824
Citation:429 P.3d 604, 143 Hawai‘i 282
Party Name:STATE of Hawai‘i, Plaintiff-Appellee, v. Chance WYKES, Defendant-Appellee, and Layton Kane, Defendant-Appellant
Attorney:Walter R. Schoettle, Honolulu, for Defendant-Appellant. Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.
Judge Panel:By: Fujise, Presiding Judge, Leonard and Reifurth, JJ.
Case Date:October 31, 2018
Court:Court of Appeals of Hawai'i, Intermediate
 
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Page 604

429 P.3d 604 (Hawai’i App. 2018)

143 Hawai‘i 282

STATE of Hawai‘i, Plaintiff-Appellee,

v.

Chance WYKES, Defendant-Appellee, and Layton Kane, Defendant-Appellant

No. CAAP-17-0000824

Intermediate Court of Appeals of Hawai‘i

October 31, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 1CPC-17-0000159)

On the briefs:

Walter R. Schoettle, Honolulu, for Defendant-Appellant.

Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee.

By: Fujise, Presiding Judge, Leonard and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Layton Kane (Kane) appeals from the Judgment of Conviction and Probation Sentence (Judgment) entered on October 26, 2017, in the Circuit Court of the First Circuit (Circuit Court).1 Following a bench trial, Kane was convicted of one count of Promoting a Dangerous Drug in the Third Degree, a violation of Hawaii Revised Statutes (HRS) § 712-1243 (2014),2 and sentenced to four years of probation.

Kane raises two points of error on appeal, contending that: (1) the Circuit Court erred in admitting Plaintiff-Appellee State of Hawaii’s (the State’s) Exhibit 6 to establish the chain of custody of the heroin that was allegedly in Kane’s possession when he was arrested; and (2) evidence of a prior custodial search by a Honolulu Police Department (HPD) Officer J. De Leon (Officer De Leon) was sufficient to enable a person of reasonable caution to conclude that the ziplock bag containing heroin was not in Kane’s possession at the time of his arrest.

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 Kane’s points of error as follows:

(1) Kane objected to the admission of Exhibit 6 on the the grounds of authenticity because it was not the original HPD evidence chain of custody record.

Pursuant to Hawaii Rules of Evidence (HRE)...

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