State v. Mattiello

978 P.2d 693, 90 Haw. 255, 1999 Haw. LEXIS 65
CourtHawaii Supreme Court
DecidedMarch 16, 1999
Docket21187
StatusPublished
Cited by57 cases

This text of 978 P.2d 693 (State v. Mattiello) 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. Mattiello, 978 P.2d 693, 90 Haw. 255, 1999 Haw. LEXIS 65 (haw 1999).

Opinion

Opinion of the Court by

LEVINSON, J.

On March 2,1999, we granted the petitioner-appellant Dominick Joseph Mattiello’s application for a writ of certiorari to review the Intermediate Court of Appeals’ (ICA) memorandum opinion in State v. Mattiello, 91 Hawai'i 139, 980 P.2d 1013 (App.1999) (hereinafter, the “ICA’s majority opinion”). In his application, Mattiello argues that the ICA’s majority opinion was erroneous in holding that the prosecution had adduced evidence that Mattiello knowingly distributed “[tjhree eights ounce or more” of a “dangerous drug” sufficient to support his conviction of promoting a dangerous drug in the first degree, in violation of Hawai'i Revised Statutes (HRS) § 712-1241(1)(b)(ii) (B)(1993). 1 Mattiello urges this court to adopt the reasoning of *256 Judge Acoba’s opinion dissenting from the ICA’s majority opinion (hereinafter, the “dissent”), which would have held, pursuant to HRS §§ 712-1240 (1993) 2 and 712-1241(1)(b)(ii)(B), that where the dangerous drugs that are the subject of a charge are in liquid form, the prosecution must adduce substantial proof of: (1) a measurement of the liquid in fluid ounces; and (2) “the standard measurements required for converting volume to mass,” in order for the jury to convert the fluid ounces measurement to the avoirdupois weight of the drug mixture.

We agree with Mattiello and Judge Acoba that the ICA’s majority opinion was erroneous. However, in contrast to the dissent, we hold that, to satisfy the requirements of HRS §§ 712-1240 and 712-1241(1)(b)(ii)(B), the prosecution need only adduce evidence of the measurement in fluid ounces of dangerous drugs distributed in liquid form. The jury need not and should not then attempt to convert that figure to an avoirdupois weight. Because insufficient evidence was adduced of the measurement in fluid ounces of the dangerous drug involved in the present case, we vacate the circuit court’s judgment, guilty conviction, and sentence and remand to the circuit court for the entry of a judgment convicting Mattiello of, and sentencing him for, promoting a dangerous drug in the sec ond degree, in violation of HRS § 712-1242(1)(c) (1993). 3

I. BACKGROUND

Mattiello was charged, by way of an amended complaint filed on December 3, 1996, with one count of promoting a harmful drug in the first degree, in violation of HRS § 712—1244(1)(c) (1993) (Count I), 4 and one count of promoting a dangerous drug in the first degree, in violation of HRS § 712-1241(1)(b)(ii)(B) (Count II). After a jury trial, Mattiello was acquitted of Count I. The present appeal concerns Count II.

At trial, Kelly Mayne and Diane Milner, two undercover investigators of the State of Hawaii, Department of Public Safety, Narcotics Enforcement Division, testified that they had purchased methadone from Mattiel-lo at a Jack in the Box restaurant in Honolulu on March 1, 1996. The investigators had previously arranged to purchase methadone from Mattiello on February 27,1996; however, no sale occurred on that date because Mattiello did not arrive on time for the meeting, and an opportunistic competitor intervened to sell the investigators methadone. After Mattiello arrived to find his sale canceled, the investigators agreed to meet with him at the restaurant on March 1 in order to purchase methadone.

*257 Milner described the March 1,1996 sale as follows:

A. ... [Mattiello] came at approximately 10:30, maybe a minute or two after that, and I saw [Mattiello] arriving outside, and that’s when I went outside and met with him. He asked me if I had ... the bottle and [if] I had money.
He explained that he’d come straight from the clinic and he had to keep his bottle, that he didn’t bring the bottle with him to do the transfer, that he had not transferred the methadone into another container yet, and I told him I did have a container, that I would have to go in the restaurant and get it. That’s when I went into the restaurant momentarily.
Q. What happened then?
A. I got this container that I had brought from my office, sterile container that we had brought purposely for this investigation. I brought it outside and met with ... Mattiello.
At that time, he removed from his left front pocket a bottle and gave it to me, told me to take it into the restaurant and go to the restroom, transfer the contends] to my bottle, and he explained that I needed to shake the contents first before I poured it into my bottle to make sure I got all of the contents because this particular product separates — and he called it wafers — that separates.
He claimed that he had not tampered with it, that there were a full 90 milliliters within this container[ 5 ] that he was offering me to transfer into my container.
Q. Did ... Mattiello tell you how much this would cost?
A. Yes. He changed the price. Originally, the day before, he had told me $90. He told me it was going to be a hundred dollars.

(Emphasis added.) Milner proceeded to the restroom, where she shook up the container provided to her by Mattiello and poured the liquid into her container. The bottle contained “a solid matter sort of suspended in a liquid matter and falling through it ... settling on the bottom.” She then returned to the restaurant, found Mattiello, and returned his bottle to him with the requested $100.00.

Julie Wood, a criminalist, testified that she tested the substance in the bottle that Milner had obtained from Mattiello. As a result of the tests she performed, she concluded that the bottle contained methadone. She determined the amount of the substance as follows:

Q. Did you ... weigh the contends] of the bottle ... ?
A. Yes, I did.
Q. How did you go about weighing the content[s] of the bottle?
A. I took a glass beaker, put it on the balance ... or scale, whichever you want to call it — and obtained the weight of the beaker, then zeroed the balance so the face of the balance, the electronic balance, reads zero. At that point, you’ve substantially subtracted the weight of [the] beaker. Then I pour the liquid into the beaker and record that final weight.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
978 P.2d 693, 90 Haw. 255, 1999 Haw. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mattiello-haw-1999.