NO. 28230 – Wednesday, February 11, 2009 – 10:15 a.m.

CASE NO. I-02375 STATE OF HAWAI`I, Plaintiff- Appellee, vs. CHITO RENO ASUNCION, Defendant-Appellant.

Attorney(s) for Defendant-Appellant
John M. Tonaki, Public Defender, and Okechukwu K. Amadi, Deputy Public Defender

Attorney(s) for Plaintiff-Appellee
Jay T. Kimura, Prosecuting Attorney, and M. Kanani Laubach, Deputy Prosecuting Attorney, Office of the Prosecuting Attorney, County of Hawai`i

COURT: Watanabe, Foley, and Fujise, JJ.

NOTE: Order granting Motion to Continue Oral Argument, filed 12/3/08. The above case was previously set for argument on Wed., 12/10/08 at 10:15 a.m.

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Brief description:

Defendant-Appellant Chito Asuncion (Asuncion) appeals a judgment entered by the District Court of the Third Circuit (district court), convicting and sentencing him for criminal contempt of court (contempt), in violation of Hawaii Revised Statutes § 710- 1077 (1993).

On April 20, 2004, Asuncion was placed on probation for one year following his conviction for custodial interference in the second degree. One of the terms and conditions of his probation sentence was that Asuncion not contact A.V., a minor, “without consent.” On August 13, 2004, witnesses observed Asuncion with A.V., after A.V. apparently had called Asuncion to pick her up.

On March 22, 2006, after Asuncion’s probation period had expired and it was no longer possible to revoke Asuncion’s probation, the State of Hawai`i charged Asuncion with criminal contempt of court as a result of the August 13, 2004 incident.

On appeal Asuncion asserts that the district court: (A) erred in convicting him of contempt for violating a condition of his probation, (B) unlawfully subjected him to an extension of probation and additional punishment, and (C) erred in convicting him of contempt because he was never given notice that if he violated a term or condition of his probation, he would be subject to a contempt charge after his probation period expired.