STATE v. SPILLNER

December 24, 2007 (No. 27722)

Opinion [pdf]

OPINION OF THE COURT BY LEVINSON, J.

On July 20, 277, the defendant-appellant-petitioner Michael Spillner filed an application for a writ of certiorari urging this court to review the summary disposition order (SDO) of the Intermediate Court of Appeals (ICA) in State v. Spillner, No 27722 (Haw. App. Apr. 13, 2007) [hereinafter, "the ICA's SDO"], which affirmed the 'Ewa district court's January 4, 2006 judgments, the Honorable Valerie W.H. Chang presiding, convicting him of and sentencing him for one count each of driving while unlicensed, in violation of Hawai'i Revised Statutes (HRS) § 286-102 (1993 & Supp. 2002) (offense one), and driving without motor vehicle insurance, in violation of HRS § 431:10C-104 (Supp. 1997) (offense two).  In his application, Spillner asserts that the district court erred: (1) in denying his motion to suppress the fruits of the March 1, 2005 traffic stop, during which Honolulu Police Department Officer Arthur Takamiya cited Spillner for offenses one and two; and (2) in convicting him on the basis of illegally obtained evidence.  On August 21, 2007, this court granted Spillner's application and, on October 31, 2007, we heard oral argument.

For the reasons discussed herein, we conclude that Spillner's points of error are ultimately meritless and, therefore, affirm the ICA's April 24, 2007 judgment on appeal.

Dissenting opinion by Acoba, J. [pdf]