NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-FEB-2024 07:40 AM Dkt. 50 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v. MARK ANTHONY SEINA, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 1CPC-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Defendant-Appellant Mark Anthony Seina (Seina) appeals
from the May 4, 2023 Judgment of Conviction and Sentence; Notice
of Entry (Judgment) entered by the Circuit Court of the First
Circuit (Circuit Court).1
Plaintiff-Appellee State of Hawai‘i (State) charged
Seina with two counts: (1) Place to Keep Pistol or Revolver, in
violation of Hawaii Revised Statutes (HRS) § 134-25 (2011); and
(2) Ownership or Possession Prohibited of any Firearm or
Ammunition by a Person Convicted of Certain Crimes, in violation
of HRS §§ 134-7(b) and (h) (2011). After a jury-waived trial,
Seina was found guilty on both counts. On the issue of merger,
1 The Honorable Shirley M. Kawamura presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
the State elected to proceed on Count 2. Seina was sentenced to
a ten-year term of imprisonment, to run concurrently with any
other sentence, and with credit for time served.
Seina raises a single point of error on appeal,
contending that the Circuit Court erred in denying his June 6,
2022 Motion to Suppress Evidence and Statements (Motion to
Suppress), and his renewed oral motion at trial.
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties, we
address Seina's point of error as follows:
Seina argues that Honolulu Police Department (HPD)
officers lacked probable cause to arrest him for Unauthorized
Control of Propelled Vehicle (UCPV), in violation of HRS § 708-
836 (2014), because Seina was the registered owner of the subject
motorcycle.2
The Hawai‘i Supreme Court has held: Probable cause exists when the facts and circumstances within one's knowledge and of which one has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been committed. This requires more than a mere suspicion but less than a certainty. This standard has two components. The first sentence describes the standard for
2 HRS § 708-836 provides in pertinent part: § 708-836 Unauthorized control of propelled vehicle. (1) A person commits the offense of unauthorized control of a propelled vehicle if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by operating propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent. . . . . (5) Unauthorized control of a propelled vehicle is a class C felony.
2 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
determining the presence of probable cause. The second sentence describes the quantum of proof necessary to satisfy the standard.
State v. Maganis, 109 Hawai‘i 84, 86, 123 P.3d 679, 681 (2005)
(internal citations omitted); see also HRS § 803-5 (1993).3
Probable cause "requires more than a mere suspicion but
less than a certainty." Maganis, 109 Hawai#i at 86, 123 P.3d at
681 (citations omitted). It is a practical concept that balances
a citizen's rights with the needs of law enforcement. Id. at 87-
88, 123 P.3d at 682-83. The standard for probable cause allows
for officers to make some mistakes in determining they have
probable cause to arrest a citizen, but "the mistakes must be
those of reasonable [persons], acting on facts leading sensibly
to their conclusions of probability." Id.
Here, after noticing the motorcycle driven by Seina had
an expired safety check decal, HPD Corporal Gerald Agbulos
(Corporal Agbulos) ran the license plate and learned that it was
reported as a stolen vehicle. After placing Seina in
investigative detention, Corporal Agbulos then checked the VIN
number of the motorcycle and confirmed that it matched the stolen motorcycle. Corporal Agbulos read the written police report on
3 HRS § 803-5 provides:
§ 803-5 By police officer without warrant. (a) A officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence or otherwise. (b) For purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed.
3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
his laptop, wherein another HPD officer reported that complainant
Jonathan Cortez (Cortez) reported the theft of a motorcycle from
the parking structure where Cortez lived, shortly after Cortez
purchased it. HPD Officer Aubry Kaluhiokalani (Officer
Kaluhiokalani), who made the police report, testified that he
took Cortez's report. Cortez told the officer that he just
bought the motorcycle from Seina, Seina had driven the motorcycle
to the parking structure, and the motorcycle was stolen later the
same day. Officer Kaluhiokalani also spoke to a security guard who told him that after Cortez reported the theft to security,
the guard reviewed the surveillance video, saw a car drive into
the structure, and saw a man get out of the car, approach the
motorcycle and take off with it. A female in the car drove off
behind the motorcycle.
When asked by the court why he arrested Seina knowing
that Seina was the registered owner of the motorcycle, Corporal
Agbulos testified that he understood from the report that Seina
sold or transferred the motorcycle to another person and then
took it back without that person's permission. Based on this
information, Seina was placed under arrest and patted down. Seina contends that the stolen vehicle report filed by
Cortez did not provide probable cause for Seina's arrest for UCPV
because the police should not have accepted Cortez's
representations and handwritten bill of sale as proof of
ownership because the requirements for legal transfer of title
had not been met.
4 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
We conclude that the police report available to
Free access — add to your briefcase to read the full text and ask questions with AI
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-FEB-2024 07:40 AM Dkt. 50 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v. MARK ANTHONY SEINA, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 1CPC-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Defendant-Appellant Mark Anthony Seina (Seina) appeals
from the May 4, 2023 Judgment of Conviction and Sentence; Notice
of Entry (Judgment) entered by the Circuit Court of the First
Circuit (Circuit Court).1
Plaintiff-Appellee State of Hawai‘i (State) charged
Seina with two counts: (1) Place to Keep Pistol or Revolver, in
violation of Hawaii Revised Statutes (HRS) § 134-25 (2011); and
(2) Ownership or Possession Prohibited of any Firearm or
Ammunition by a Person Convicted of Certain Crimes, in violation
of HRS §§ 134-7(b) and (h) (2011). After a jury-waived trial,
Seina was found guilty on both counts. On the issue of merger,
1 The Honorable Shirley M. Kawamura presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
the State elected to proceed on Count 2. Seina was sentenced to
a ten-year term of imprisonment, to run concurrently with any
other sentence, and with credit for time served.
Seina raises a single point of error on appeal,
contending that the Circuit Court erred in denying his June 6,
2022 Motion to Suppress Evidence and Statements (Motion to
Suppress), and his renewed oral motion at trial.
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties, we
address Seina's point of error as follows:
Seina argues that Honolulu Police Department (HPD)
officers lacked probable cause to arrest him for Unauthorized
Control of Propelled Vehicle (UCPV), in violation of HRS § 708-
836 (2014), because Seina was the registered owner of the subject
motorcycle.2
The Hawai‘i Supreme Court has held: Probable cause exists when the facts and circumstances within one's knowledge and of which one has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been committed. This requires more than a mere suspicion but less than a certainty. This standard has two components. The first sentence describes the standard for
2 HRS § 708-836 provides in pertinent part: § 708-836 Unauthorized control of propelled vehicle. (1) A person commits the offense of unauthorized control of a propelled vehicle if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by operating propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent. . . . . (5) Unauthorized control of a propelled vehicle is a class C felony.
2 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
determining the presence of probable cause. The second sentence describes the quantum of proof necessary to satisfy the standard.
State v. Maganis, 109 Hawai‘i 84, 86, 123 P.3d 679, 681 (2005)
(internal citations omitted); see also HRS § 803-5 (1993).3
Probable cause "requires more than a mere suspicion but
less than a certainty." Maganis, 109 Hawai#i at 86, 123 P.3d at
681 (citations omitted). It is a practical concept that balances
a citizen's rights with the needs of law enforcement. Id. at 87-
88, 123 P.3d at 682-83. The standard for probable cause allows
for officers to make some mistakes in determining they have
probable cause to arrest a citizen, but "the mistakes must be
those of reasonable [persons], acting on facts leading sensibly
to their conclusions of probability." Id.
Here, after noticing the motorcycle driven by Seina had
an expired safety check decal, HPD Corporal Gerald Agbulos
(Corporal Agbulos) ran the license plate and learned that it was
reported as a stolen vehicle. After placing Seina in
investigative detention, Corporal Agbulos then checked the VIN
number of the motorcycle and confirmed that it matched the stolen motorcycle. Corporal Agbulos read the written police report on
3 HRS § 803-5 provides:
§ 803-5 By police officer without warrant. (a) A officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence or otherwise. (b) For purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed.
3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
his laptop, wherein another HPD officer reported that complainant
Jonathan Cortez (Cortez) reported the theft of a motorcycle from
the parking structure where Cortez lived, shortly after Cortez
purchased it. HPD Officer Aubry Kaluhiokalani (Officer
Kaluhiokalani), who made the police report, testified that he
took Cortez's report. Cortez told the officer that he just
bought the motorcycle from Seina, Seina had driven the motorcycle
to the parking structure, and the motorcycle was stolen later the
same day. Officer Kaluhiokalani also spoke to a security guard who told him that after Cortez reported the theft to security,
the guard reviewed the surveillance video, saw a car drive into
the structure, and saw a man get out of the car, approach the
motorcycle and take off with it. A female in the car drove off
behind the motorcycle.
When asked by the court why he arrested Seina knowing
that Seina was the registered owner of the motorcycle, Corporal
Agbulos testified that he understood from the report that Seina
sold or transferred the motorcycle to another person and then
took it back without that person's permission. Based on this
information, Seina was placed under arrest and patted down. Seina contends that the stolen vehicle report filed by
Cortez did not provide probable cause for Seina's arrest for UCPV
because the police should not have accepted Cortez's
representations and handwritten bill of sale as proof of
ownership because the requirements for legal transfer of title
had not been met.
4 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
We conclude that the police report available to
Corporal Agbulos on his HPD laptop – stating that a motorcycle
was stolen of the same description as the vehicle driven by Seina
including color, license plate number, and VIN – was reasonably
trustworthy information sufficient to warrant a person of
reasonable caution to believe that an offense involving that
motorcycle had been committed. In addition, the police report
noted that Seina had been identified as a suspect. The facts and
circumstances within Corporal Agbulos's personal knowledge included that Seina was operating that motorcycle. Viewing as a
whole all of the facts and circumstances available to Corporal
Agbulos, we conclude that probable cause to arrest Seina for UCPV
existed.
As we have concluded that there was probable cause to
arrest Seina, we conclude that Seina's argument that his post-
arrest statements were fruit of the poisonous tree is without
merit.
For these reasons, the Circuit Court's May 4, 2023
Judgment is affirmed.
DATED: Honolulu, Hawai#i, February 28, 2024.
On the briefs: /s/ Katherine G. Leonard Acting Chief Judge Randall K. Hironaka, (Miyoshi & Hironaka, LLLC), /s/ Keith K. Hiraoka for Defendant-Appellant. Associate Judge
Robert T. Nakatsuji, /s/ Clyde J. Wadsworth Deputy Prosecuting Attorney, Associate Judge City and County of Honolulu, for Plaintiff-Appellee.