 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Chun9/25/2003
FOR PUBLICATION
The defendant-appellant Llewelyn Chun appeals from the judgment of the district court of the first circuit, the Honorable Leslie A. Hayashi presiding, entered on November 18, 1998, regarding Chun's no contest plea to the charge of indecent exposure, in violation of Hawaii Revised Statutes (HRS) § 707-734 (1993), as a result of which the district court sentenced Chun to a six-month term of probation and ordered Chun, inter alia, to register under the sex offender registration and notification statute, HRS ch. 846E (Supp. 1998). Chun argues that the district court erred in requiring him to register under the sex offender registration and notification statute on the basis that HRS ch. 846E does not apply to persons convicted of indecent exposure, in violation of HRS § 707-734, see supra note 2. Alternatively, he argues that HRS ch. 846E violates: (1) the due process clauses of the United States and Hawaii Constitutions; (2) the cruel and unusual punishment clauses of the United States and Hawaii Constitutions; (3) the right to privacy, as guaranteed by the United States and Hawaii Constitutions; and (4) the equal protection clauses of the United States and Hawaii Constitutions.
For the reasons discussed infra in section III, we hold that indecent exposure, in violation of HRS § 707-734, does not constitute an offense subject to the sex registration and public notification requirements of HRS ch. 846E. Accordingly, we vacate the district court's sentence and remand the present matter for resentencing consistent with this opinion.
I. BACKGROUND
On August 27, 1998, Chun pled no contest to the charge of indecent exposure in violation of HRS § 707-734, see supra note 2, and moved for a deferred acceptance of his no contest plea (DANCP). The case was continued to November 18, 1998, at which time Judge Hayashi conducted a sentencing hearing. Chun addressed the district court and stated that he did not recall the conduct constituting the basis of the charge against him, but that he would do "whatever it takes" to make things better for the complainant and her family. The deputy public defender (DPD) explained that Chun had been drinking on the night of the incident, did not recall the incident, and was "shocked by . . . the complainant's version of what happened[.]" The defense called as witnesses Chun's wife, his daughter-in-law, and his future daughter-in-law, who all testified on behalf of Chun's good character. The prosecution called the mother of the complainant as a witness, who testified that her daughter was not present, because she was "having a hard time dealing with what's happened to her." She stated to the court that she did not want Chun to be incarcerated, but that she wanted to ensure that "he does not do anything like this to my family or anybody else's family."
After hearing arguments from counsel, the district court denied Chun's motion for DANCP. In addition, the district court sentenced Chun to a six-month term of probation and ordered him to: (1) submit to a mental health assessment and undergo any treatment that might be prescribed; (2) write a note of apology to the complainant; and (3) register under the sex offender registration and notification statute, HRS ch. 846E. The record does not reveal the underlying factual basis of the charge against Chun.
The DPD objected to the sex offender registration requirement, arguing that indecent exposure towards a minor did not qualify as a registrable sex offense for purposes of HRS ch. 846E. In addition, she argued that there was no showing that Chun posed any risk to the community and, accordingly, that the statute was "overbroad and unconstitutional because it . . .
Page 1 2 3 4 5 6 7 8 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|