Oral Argument Before the Hawaii Intermediate Court of Appeals
CAAP-12-0000583, Thursday, July 24, 2014, 9:00 a.m.
State of Hawaii, Plaintiff-Appellee vs. Tyrone Smith, Jr., Defendant-Appellant.
The above-captioned case has been set for argument on the merits at:
Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
Attorney(s) for Defendant-Appellant:
Lars Robert Isaacson
Attorney(s) for Plaintiff-Appellee:
Donn Fudo, Deputy Prosecuting Attorney
COURT: Leonard, Reifurth, and Ginoza, JJ.
Defendant-Appellant Tyrone Smith, Jr. (Smith) was convicted of (1) Sexual Assault in the First Degree in violation of Hawaii Revised Statutes (HRS) § 707-730(1)(a) (Supp. 2013); (2) Robbery in the Second Degree in violation of HRS § 708-841(1)(b) (Supp. 2013); and (3) Kidnapping in violation of HRS § 707-720(1)(d) (Supp. 2013). Smith appeals from the Judgment of Conviction and Sentence entered by the Circuit Court for the First Circuit (circuit court).
On appeal, Smith contends that (1) the counts charged are subject to merger, (2) it was plain error for the circuit court to admit evidence of a credit card and evidence from the bedroom where Smith was staying as an overnight guest, (3) it was plain error for the circuit court to admit the complaining witness’s identification of the suspect, and (4) he received ineffective assistance of trial counsel.