State v. Sarmiento

560 P.3d 479, 155 Haw. 224

• Court: Hawaii Intermediate Court of Appeals
• Decided: December 16, 2024
• Docket: CAAP-21-0000518
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-DEC-2024 08:00 AM Dkt. 49 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Plaintiff-Appellee, v. CORY KAI SARMIENTO, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CR. NO. 5PC1310000442)

SUMMARY DISPOSITION ORDER (By: Wadsworth, Presiding Judge, Nakasone and McCullen, JJ.)

Defendant-Appellant Cory Kai Sarmiento appeals from

the Circuit Court of the Fifth Circuit's August 23, 2021 "Order

Denying Without Prejudice Defendant Sarmiento's Motion for

Return of Fines, Fees, and Restitution, and for the Expungement

of the Arrest and Charge and Record in this Case" (Order Denying

Fines and Expungement). 1

As a brief background, this court vacated Sarmiento's

conviction of various offenses in the underlying case. On

1 The Honorable Randal G.B. Valenciano presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

remand, Plaintiff-Appellee State of Hawai‘i moved to dismiss the

case with prejudice, and the circuit court granted the motion.

Providing no statutory authority, Sarmiento then moved

for the expungement of "all portions of this instant case from

his record" and the return of any fines, fees, and restitution

paid pursuant to the vacated judgment of conviction and

sentence. The State opposed the request for expungement.

The circuit court denied without prejudice Sarmiento's

request (1) "for expungement of his arrest record" explaining

that the Attorney General was the proper entity from which to

request expungement and (2) for reimbursement of fines, fees,

and restitution where there was no evidence of the amounts paid:

1. Defendant Sarmiento's request for expungement of his arrest record is denied without prejudice. Pursuant to [Hawai‘i Revised Statutes (HRS)] section 831-3.2, the proper entity to process an expungement of arrest record request is the State of Hawaiʻi Department of the Attorney General.

2. Defendant Sarmiento's request for reimbursement of fines, fees, and restitution paid in this case is denied without prejudice. There is no record of any amounts paid to the Fifth Circuit Court in this case; but there may be amounts paid by Defendant Sarmiento to the State of Hawaiʻi Department of Public Safety. Mr. Sarmiento may inquire with the Department of Public Safety as to amounts previously paid for this case.

(Emphases omitted.) Sarmiento timely appealed.

Upon careful review of the record and the briefs

submitted by the parties and having given due consideration to

the issues raised and the arguments advanced, we resolve the

points of error as discussed below, and affirm.

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

(1) Sarmiento first argues the circuit court "erred

by refusing to order an expungement[.]" (Emphasis omitted.)

HRS § 831-3.2 (Supp. 2019) provides in pertinent part

as follows:

§831-3.2 Expungement orders. (a) The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, or found eligible for redress under chapter 661B, shall issue an expungement order annulling, canceling, and rescinding the record of arrest[.]

(Emphasis added.) Statutory interpretation is reviewed de novo.

Barker v. Young, 153 Hawaiʻi 144, 148, 528 P.3d 217, 221 (2023).

HRS § 831-3.2 confers the attorney general with the

power to expunge arrest records. And nothing in HRS § 831-3.2

gives the circuit court the authority to expunge Sarmiento's

arrest record. In sum, the circuit court did not err in denying

Sarmiento's request to expunge his arrest record.

Sarmiento then argues the circuit court should have

used its inherent powers pursuant to HRS § 603-21.9(6) (2016) to

grant his request. Sarmiento asserts that "the issue involved

expungement of [his] arrest record relating to charges against

him which were dismissed" and the circuit court "could have

therefore ordered this record expunged[.]"

HRS § 603-21.9(6) vests the circuit court with the

power:

3 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

To make and award such judgments, decrees, orders, and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to them by law or for the promotion of justice in matters pending before them.

(Emphasis added.)

Assuming, without deciding, the circuit court has the

power to expunge Sarmiento's record, the circuit court did not

abuse its discretion under the circumstances in this case, where

Sarmiento did not follow the statutory process set forth in HRS

§ 831-3.2(a) and, thus, did not demonstrate that judicial action

was "necessary" under HRS § 603-21.9(6). See generally State v.

Cooley, 123 Hawai‘i 293, 295, 233 P.3d 713, 715 (App. 2010)

(noting the appellate courts "review a trial court's exercise of

its inherent powers for abuse of discretion").

(2) Sarmiento also contends the circuit court erred

in denying his request for reimbursement of fines, fees, and

restitution paid.

The circuit court's order noted that there was no

record of amounts paid to the circuit court. With no record of

amounts paid to the circuit court, there was no amount for the

circuit court to order as reimbursement. As to any amounts

Sarmiento may have paid to the Department of Public Safety, the

circuit court denied Sarmiento's request without prejudice to

Sarmiento inquiring with the Department of Public Safety as to

the amounts he paid.

4 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Because there was no evidence that Sarmiento paid any

fines, fees, or restitution, we cannot say that the circuit

court abused its discretion in denying Sarmiento's request for

an order of reimbursement without prejudice.

Based on the foregoing, we affirm the circuit court's

August 23, 2021 Order Denying Fines and Expungement.

DATED: Honolulu, Hawai‘i, December 16, 2024.

On the briefs: /s/ Clyde J. Wadsworth Presiding Judge Kai Lawrence, for Defendant-Appellant. /s/ Karen T. Nakasone Associate Judge Tracy Murakami, Deputy Prosecuting Attorney, /s/ Sonja M.P. McCullen County of Kaua‘i, Associate Judge for Plaintiff-Appellee.