State v. Stanford

900 P.2d 157, 79 Haw. 150, 1995 Haw. LEXIS 55
CourtHawaii Supreme Court
DecidedJuly 20, 1995
DocketNo. 18306
StatusPublished
Cited by4 cases

This text of 900 P.2d 157 (State v. Stanford) 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. Stanford, 900 P.2d 157, 79 Haw. 150, 1995 Haw. LEXIS 55 (haw 1995).

Opinion

MOON, Chief Justice.

Defendant-appellant Kelly A. Stanford appeals: (1) her conviction of prostitution, in violation of Hawai'i Revised Statutes (HRS) § 712-1200 (Supp.1992)1; and (2) the bail condition requiring her to stay out of the WaikM area between the hours of six o’clock in the evening and six o’clock in the morning. On appeal, Stanford contends that there was insufficient evidence to support her conviction and that the court’s geographically restrictive bail order is unconstitutional because it is overbroad, vague, and ambiguous. We affirm.

I. BACKGROUND

In the early morning hours of March 23, 1994, undercover Honolulu Police Officer Richard Jang was patrolling the streets of Waikiki, when he made '“eye contact” with Stanford. Stanford began speaking Japanese to him. Jang indicated to Stanford that he was of Korean ancestry and did not understand Japanese. Stanford then stated, “All I know in Korean is ‘hapshida’,” which Jang testified he knew was a slang term for sexual intercourse. After a brief exchange, Stanford led Jang to her room at the Island Colony Hotel. Once in the room, Jang confirmed that “the price” was $100.00. Stanford instructed Jang to remove his clothes and, when she attempted to place a condom on him, Jang arrested Stanford for prostitution.

Stanford was tried in district court on June 22,1994, and was found guilty of prostitution. Immediately thereafter, the court sentenced Stanford to a $500.00 fine and thirty days in jail. Pending appeal, the court required bail of $500.00 and placed a geographic restriction on Stanford prohibiting her from entering the Waikiki area, as defined by the street boundaries of Kalákaua 'Avenue, Kapahulu Avenue, Kühio Avenue and McCully Street, between the hours of 6 p.m. and 6 a.m..

II. DISCUSSION

A Sufficiency of the Evidence

As previously stated, Stanford contends that there was insufficient evidence to support her conviction. In reviewing the sufficiency of evidence to support a conviction, this court has repeatedly stated that

evidence adduced in the trial court must be considered in the strongest light for the prosecution when the appellate court passes on the legal sufficiency of such evidence to support a conviction; the same standard applies whether the case was before a judge or a jury. The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact.

State v. Pone, 78 Hawai'i 262, 265, 892 P.2d 455, 458 (1995) (quoting State v. Batson, 73 Haw. 236, 248, 831 P.2d 924, 931, reconsideration denied, 73 Haw. 625, 834 P.2d 1315 (1992)). “Substantial evidence is credible evidence which is of sufficient quality and probative value to enable a [person] of reasonable caution to support a conclusion.” Batson, 73 Haw. at 248-49, 831 P.2d at 931 (citation omitted).

[152]*152As we have noted, HRS § 712-1200(1) provides in pertinent part that “[a] person commits the offense of prostitution if the person ... offers to engage in sexual conduct with another person for a fee.” At the trial in this case, the prosecution presented evidence showing, inter alia, that: (1) although unbeknownst to Stanford, Jang was an undercover police officer; (2) upon discovering that Jang was Korean, Stanford used the Korean word “hapshida,” a street term for sexual intercourse; (3) Stanford led Jang to a hotel room in Waikiki; (4) while in the hotel room, Stanford confirmed to Jang that “the price” was $100.00; and (5) after confirming the $100.00 figure, Stanford told Jang to remove his clothes and attempted to place a condom on him.

Based on the entire record and considering the evidence in the light most favorable to the prosecution, we hold that there was sufficient evidence for a reasonable trier of fact to have found Stanford guilty of prostitution.

B. The Geographic Restriction

Stanford also seeks to have her “sentence” reversed and remanded with instructions to remove the geographic restriction, contending that the court’s order is unconstitutional because it is overbroad, vague, and ambiguous. The prosecution concedes that, if the geographic restriction were a condition of Stanford’s sentence, it would be improper. However, the prosecution asserts that, as the prohibition is a condition of Stanford’s bail, it is proper under HRS § 804-7.1 (Supp.1992).2 Furthermore, the prosecution contends that the restrictions in this case are specific and clear. Based on our review of the record, we hold that the restrictions imposed by the trial court in this case were clearly a condition of Stanford’s bail and not her sentence.

When setting conditions for bail, HRS § 804-7.1(2) provides that the court may prohibit the defendant “from going to certain described geographical areas[.]” We note that many jurisdictions have found that conditions placed on bail are generally allowable. See Ex Parte Sotelo, 878 S.W.2d 179, 180 (Tex.Ct.App.1993) (“[T]he Texas Code of Criminal Procedure provides that the court may impose reasonable conditions on bail pending the finality of the conviction.”); State v. Mahoney, 36 Wash.App. 499, 502, 675 P.2d 628, 630 (1984) (“In releasing a convicted defendant upon appeal, the court may impose such conditions of release as it sees fit[.]”); Mello v. Superior Court, 117 R.I. 578, 370 A.2d 1262 (1977) (bail may be conditional); see generally 8 C.J.S.Bail § 36 (“In admitting accused to bail pending appeal of his [or her] conviction, the trial court may impose such conditions as it deems reasonable under the facts.... ”). Furthermore, courts may impose stricter conditions on post-trial release, as opposed to pretrial release. See Banks v. United States, 414 F.2d 1150, 1152 (D.C.Cir.1969).

While bail restrictions are not problematic per se, constitutional concerns may arise in particular cases. For example, in U.S. ex rel. Means v. Solem, 440 F.Supp. 544 (D.S.D.1977), Means was convicted of “rioting to obstruct” and appealed his conviction. Pending appeal, the trial court granted bail, subject to several conditions, one of which was that Means refrain “from participating in [most] American Indian Movement activities.” Means nevertheless took part in a meeting between Indian leaders and law enforcement officials, and it was eventually found that this was a violation supporting a revocation of bail. In agreeing with Means’ contention that the condition imposed was unconstitutional because it infringed upon his first amendment freedoms of speech and association, the court nonetheless noted that

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Thompson
Hawaii Intermediate Court of Appeals, 2025
State v. JING HUA XIAO
231 P.3d 968 (Hawaii Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
900 P.2d 157, 79 Haw. 150, 1995 Haw. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stanford-haw-1995.