State v. Kamaka

── State v. Kamaka ── Court: Hawaii Intermediate Court of Appeals Date: April 29, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-APR-2026 08:12 AM Dkt. 44 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI STATE OF HAWAIʻI, Plaintiff-Appellant, v. DONAVAN KAMAKA, also known as Donovan Kamaka, Defendant-Appellee, and ALLEN LABRADOR, Defendant. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPC-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.) Plaintiff-Appellant State of Hawaiʻi appeals from the Circuit Court of the First Circuit's September 3, 2024 order granting Defendant-Appellee Donavan Kamaka's motion to dismiss due to a defective charge (Dismissal Order). 1 On appeal, the State argues that its April 26, 2024 Indictment was sufficient or, alternatively, that the 1 The Honorable Catherine H. Remigio presided. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER information provided to Kamaka adequately apprised him of the nature and cause of the accusations against him. 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 affirm. A grand jury indicted Kamaka on one count of Robbery in the Second Degree in violation of Hawaiʻi Revised Statutes (HRS) § 708-841(1)(a) (2014) as follows: COUNT 1: On or about April 8, 2024, in the City and County of Honolulu, State of Hawaiʻi, DONAVAN KAMAKA, while in the course of committing theft from Saks Fifth Avenue, LLC, doing business as Saks Off Fifth, did use force against the person of Rhyder Kealoha, a person who was present, with the intent to overcome Rhyder Kealoha's physical resistance or physical power of resistance, thereby committing the offense of Robbery in the Second Degree, in violation of Section 708-841(1)(a) of the Hawaiʻi Revised Statutes. An act shall be deemed "in the course of committing a theft or non-consensual taking of a motor vehicle" if it occurs in an attempt to commit theft or non-consensual taking of a motor vehicle, in the commission of theft or non-consensual taking of a motor vehicle, or in the flight after the attempt or commission. If convicted of this offense or any included felony offense, DONAVAN KAMAKA may be subject to sentencing in accordance with Section 706-661 and Section 706-662(1) of the [Hawaiʻi] Revised Statutes where he is a persistent offender in that he has previously been convicted of two or more felonies committed at different times when he was eighteen years of age or older, and an extended term of imprisonment is necessary for the protection of the public. (Emphases added.) The circuit court dismissed Count 1 against Kamaka, explaining that the "State failed to provide the eight (8) 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER statutory definitions of 'theft' and/or failed to specify and provide notice as to how [Kamaka] was alleged to have