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State v. Tarape6/14/2005
FOR PUBLICATION
WATANABE, ACTING C.J., AND LIM, J.; WITH FOLEY, J., CONCURRING SEPARATELY AND DISSENTING
Pro se Defendant-Appellant Donna May Tarape (Tarape) appeals from the oral pronouncement by the District Court of the Third Circuit (the district court) on January 13, 2003, memorialized in a written Judgment filed on December 30, 2003, that found her "guilty" of: (1) fraudulent use of vehicle plates, in violation of Hawaii Revised Statutes (HRS) § 249-11 (2001); (2) no no-fault insurance, in violation of HRS § 431:10C-104 (Supp. 2004); and (3) delinquent motor vehicle tax, in violation of HRS § 249-10 (2001).
Tarape contends that: (1) there was insufficient evidence to support her "convictions" because: (a) she was not the registered owner of the motor vehicle she was driving on the day she was cited, and (b) the prosecution offered no proof that she committed the offenses with the requisite state of mind; (2) the district court failed to follow the procedural mandates set forth in HRS § 805-13 (Supp. 2004) and require the registered owner of the vehicle that she was driving to be cited and to appear in court; and (3) the district court's "conviction . . . constitutes a reversable plain error."
We reverse in part, and vacate and remand in part.
BACKGROUND
On the morning of May 9, 2002, County of Hawaii police officer Norbert Serrao, Jr. (Officer Serrao) observed Tarape driving a 1988 maroon two-door Toyota Tercel sedan with license plate "HYX632" (the Toyota). Because the Toyota had expired safety and weight tax stickers, Officer Serrao pulled Tarape's vehicle over. After conducting a registered owner check of the license plate, Officer Serrao learned that the license plate on the Toyota was assigned to a 1988 black Dodge pick-up truck with a vehicle identification number (VIN) that did not match the Toyota's VIN. Officer Serrao then ran a registered owner check of the Toyota's VIN and learned that the VIN was associated with the Toyota. However, the Toyota's license plate was supposed to be "HAH837," the safety check for the Toyota had expired in October 2001, and the vehicle weight tax for the Toyota had expired in May 2001.
Officer Serrao reported that " pon stop, [Tarape] coudl not produce a valid No Fault Insurance Card when asked, stated that she is in process of buying [the motor vehicle] and did not get insurance yet."
Following the traffic stop, Officer Serrao issued Tarape four citations for "traffic crimes": (1) Complaint & Summons No. 1758621MH (Citation 1) for "False License Plate[,]" in violation of HRS § 249-11; (2) Complaint & Summons No. 1758622MH (Citation 2) for "No No Fault Insurance[,]" in violation of HRS § 431:10C-104; (3) Complaint & Summons No. 1758623MH (Citation 3) for "Expired Weight Tax[,]" in violation of HRS § 249-10; and (4) Complaint & Summons 1757560MH (Citation 4), apparently for having an expired safety inspection decal.
At the arraignment hearing on June 12, 2002, Tarape pleaded "not guilty" to the charges alleged by Citations 1, 2, and 3. On January 13, 2003, the district court found Tarape "guilty" of all three offenses and sentenced her as follows:
[Citation 1] Fraud Use Vehicle Plates: Fine $250 concurrent with [Citation 2]; ADF $15
[Citation 2] No No-Fault Insurance: Fine $500; ADF$20; DETF$7
[Citation 3] Delinquent Motor Vehicle Tax: Fine $40 concurrent with [Citation 2]; ADF$15
Notice of entry of the district court's written Judgment was filed on December 30, 2003, certifying that the district court found Tarape guilty and sentenced her on January 13, 2003. Tarape file
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