State v. Glover

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-MAR-2025 07:53 AM Dkt. 91 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. SPRING GLOVER, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT WAHIAWĀ DIVISION (CASE NO. 1DCC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Spring Glover appeals from the October 27, 2022 Judgment of the District Court of the First Circuit, Wahiawā Division.1 We vacate and remand for a new trial. Glover was charged by complaint with Cruelty to Animals in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 711-1109(1)(a). She pleaded not guilty and waived her right to a jury trial. The district court found her guilty. This appeal followed. Glover contends her waiver of a jury trial was invalid, and the trial court didn't give a proper Lewis/Monteil pretrial

1 The Honorable Timothy E. Ho presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

advisement2 or conduct a Tachibana/Torres colloquy.3 Her last point is dispositive. Glover testified at trial, but the district court did not engage her in a Tachibana/Torres colloquy before she did. Thus, the record does not show she knowingly, intelligently, or voluntarily waived her constitutional right to not testify. She doesn't challenge the sufficiency of the evidence to support the verdict. Accordingly, the Judgment entered by the district court on October 27, 2022, is vacated, and this case is remanded for a new trial. DATED: Honolulu, Hawai#i, March 25, 2025.

On the briefs: /s/ Katherine G. Leonard Walter J. Rodby, Acting Chief Judge for Defendant-Appellant. /s/ Keith K. Hiraoka Loren J. Thomas, Associate Judge Deputy Prosecuting Attorney, City and County of Honolulu. /s/ Clyde J. Wadsworth Associate Judge

2 State v. Lewis, 94 Hawai#i 292, 12 P.3d 1233 (2000); State v. Monteil, 134 Hawai#i 361, 341 P.3d 567 (2014). 3 Tachibana v. State, 79 Hawai#i 226, 900 P.2d 1293 (1995); State v. Torres, 144 Hawai#i 282, 439 P.3d 234 (2019).