NO. 28838 - Thursday, March 19, 2009 - 9 a.m.
STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. MICHAEL WOODFALL, Petitioner/Defendant-Appellant.
(Identity Theft in the Second Degree)
Attorney(s) for Petitioner/Defendant-Appellant(s)
Honorable John M. Tonaki, Public Defender, and Craig W. Jerome, Deputy Public Defender
Attorney(s) for Respondent/Plaintiff-Appellee(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Delanie D. Prescott-Tate, Deputy Prosecuting Attorney, City & County of Honolulu
NOTE: Order assigning Judge Karen S. S. Ahn due to a vacancy, filed 02/04/09.
COURT: RTYM, CJ; PAN, SRA & JED, JJ, and Circuit Judge Karen S. S. Ahn assigned by reason of vacancy.
SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.
Petitioner/defendant-appellant Michael Woodfall petitions this court to review the Intermediate Court of Appeals' (ICA) November 18, 2008 judgment on appeal, entered pursuant to its October 30, 2008 summary disposition order. The ICA affirmed the first circuit court's October 10, 2007 judgment convicting Woodfall of the offenses of identity theft in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 708-839.7 (Supp. 2006), forgery in the second degree, in violation of HRS § 708-852 (Supp. 2006), and attempted theft in the second degree, in violation of HRS § 705-500 (1993).
In his application, Woodfall argues that the ICA gravely erred in affirming his conviction because his use of a fictitious identity did not satisfy HRS § 708-839.7, which prohibits the "transmission of any personal information" of any other actual person with the intent to commit the offense of theft in the second degree.