State v. Shuptrine

── State v. Shuptrine ── Court: Hawaii Intermediate Court of Appeals Date: April 29, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-APR-2026 08:19 AM Dkt. 66 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI STATE OF HAWAIʻI, Plaintiff-Appellee, v. RYAN M. SHUPTRINE, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT ʻEWA DIVISION (CASE NO. 1DTC-23-030959) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and McCullen, JJ.) Defendant-Appellant Ryan M. Shuptrine appeals from the District Court of the First Circuit's 1 March 27, 2024 amended Judgment of Conviction, convicting him of Excessive Speeding in violation of Hawaiʻi Revised Statutes (HRS) § 291C-105(a)(1) and/or (a)(2) (2020). 2 1 The Honorable Sherri-Ann L. Iha presided over the trial and entered the judgment. 2 HRS § 291C-105(a) provides, "No person shall drive a motor vehicle at a speed exceeding: (1) The applicable state or county speed limit by thirty miles per hour or more; or (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit." (Formatting altered.) NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER On appeal, Shuptrine raises three points of error, asserting the district court violated his right to counsel, failed to conduct a colloquy on his right not to testify, and improperly excluded evidence. Shuptrine's second point of error is dispositive. 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 this appeal as discussed below, and vacate and remand. Plaintiff-Appellee State of Hawaiʻi charged Shuptrine with Excessive Speeding. Prior to the start of trial, the district court informed Shuptrine of his right to testify and right not to testify. Honolulu Police Department Officer Larry Yoshimura (Officer Yoshimura) then testified that he observed Shuptrine driving on the H-1 freeway near the Kaʻahele Street underpass. Using a speed laser device, he measured Shuptrine's speed at 96 miles per hour. The speed limit in the area was 55 miles per hour. Following Officer Yoshimura's testimony, the defense called Shuptrine to testify. The district court then confirmed that it was Shuptrine's decision to testify, but did not otherwise conduct a colloquy of his right to not testify: 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER THE COURT: Okay. So, sir, that is your decision, and not your attorney's decision to testify, right? MR. SHUPTRINE: Yeah. THE COURT: Okay. Go ahead. . . . . MALE VOICE: Your Honor, does the defendant need to be Tachibana'd again a second time? THE COURT: I just asked him if it was his decision, and not his attorney's decision. MALE VOICE: Oh, okay. THE COURT: It's only if he's not going to testify, I think, when you do go through the colloquy. MALE VOICE: Okay. Thank you. Shuptrine testified. The district court found Officer Yoshimura credible and Shuptrine guilty. The distr