State v. Chun

76 P.3d 935, 102 Haw. 383, 2003 Haw. LEXIS 461
CourtHawaii Supreme Court
DecidedSeptember 25, 2003
Docket22206
StatusPublished
Cited by7 cases

This text of 76 P.3d 935 (State v. Chun) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chun, 76 P.3d 935, 102 Haw. 383, 2003 Haw. LEXIS 461 (haw 2003).

Opinions

Opinion of the Court by

LEVINSON, J.

The defendant-appellant Llewelyn Chun appeals from the judgment of the district court of the first circuit, the Honorable Les[384]*384lie A. Hayashi presiding, entered on November IS, 1998,1 regarding Chun’s no contest plea to the charge of indecent exposure, in violation of Hawaii Revised Statutes (HRS) § 707-734 (1993),2 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).3 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 under[385]*385lying 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 ... impose[d] a lifetime requirement. And we would also submit that it would infringe on his right to privacy.” The district court “sympathized” but believed that “the statute is clear that in the event of this offense, given the fact that it was to a minor, the Court has no alternative but to inform the defendant that he ... must register.”

Chun filed a timely notice of appeal.

II. STANDARDS OF REVIEW

A. Statutory Interpretation

We review the [district] court’s interpretation of a statute de novo. State v. Pacheco, 96 Hawai'i 83, 94, 26 P.3d 572, 583 (2001). Our statutory construction is guided by established rules:
When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.
When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists....
In construing an ambiguous statute, “[t]he meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain them true meaning.” HRS § 1-15(1) [ (1993) ]. Moreover, the courts may resort to extrinsic aids in determining legislative intent. One avenue is the use of legislative history as an interpretive tool.
... This court may also consider “[t]he reason and spirit of the law, and the cause which induced the legislature to enact it ... to discover its true meaning.” HRS § 1-15(2) (1993).
Id. at 94-95, 26 P.3d at 583-84 (some citations and internal quotation marks added and some in original) (brackets in original).

Coon v. City and County of Honolulu, 98 Hawai'i 233, 245, 47 P.3d 348, 360 (2002) (some brackets added and some in original) (ellipsis points in original).

B. Constitutional Law

“We answer questions of constitutional law by exercising our own independent judgment based on the facts of the case.... Thus, we review questions of constitutional law under the ‘right/wrong’ standard.” State v. Jenkins, 93 Hawai'i 87, 100, 997 P.2d 13, 26 (2000) (citations and some internal quotation signals omitted).

III. DISCUSSION

HRS ch. 846E imposes certain registration and public notification requirements on “sex offenders.” HRS § 846E-1

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Bluebook (online)
76 P.3d 935, 102 Haw. 383, 2003 Haw. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chun-haw-2003.