State v. Menor
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NO. 23118 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ STATE OF HAWAI#I, Plaintiff-Appellee vs. DINO MENOR, Defendant-Appellant and BERNON MENOR, Defendant _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 99-0739) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Defendant-Appellant Dinor Menor (Menor) timely appeals the First Circuit Court s January 20, 2000 judgment of conviction and sentence of first degree burglary in violation of Hawai#i Revised Statutes (HRS) ยง 708-810(1)(c) (Supp. 1993). Menor requests this court to recognize a plain error or defect in the trial court proceedings that affected his substantial rights. Specifically, Menor asserts he was denied a fair trial, as guaranteed by article I, section 14 of the Hawai#i Constitution, because he was not offered an attorney prior to his participation in a pre-indictment lineup. In so asserting, Menor asks this court to overturn State v. Masaniai, 63 Haw. 354, 628 P.2d 1018 (1981). Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and issues raised, we decline to exercise our discretion to recognize plain error because, simply put, there is no plain error to recognize. Under article I, section 14 of the Hawai#i Constitution, the right to assistance of counsel does not attach to pre-indictment lineups. Therefore, IT IS HEREBY ORDERED that the circuit court s January 20, 2000 judgment of conviction and sentence of first degree burglary is affirmed. DATED: Honolulu, Hawai#i, October 19, 2000. On the briefs: Michael G.M. Ostendorp and Shawn A. Luiz for defendant-appellant Caroline M. Mee, Deputy Prosecuting Attorney, (Lisette Blumhardt, Law Clerk, with her on the brief) for plaintiffappellee -2-
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