State v. Evans

── State v. Evans ── Court: Hawaii Intermediate Court of Appeals Date: April 28, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-APR-2026 01:36 PM Dkt. 284 SO NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CAAP-XX-XXXXXXX STATE OF HAWAI#I, Plaintiff-Appellee, v. BONNY N. EVANS, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT PUNA DIVISION (CASE NO. 3DTA-24-00238) and CAAP-XX-XXXXXXX STATE OF HAWAI#I, Plaintiff-Appellee, v. BONNY EVANS, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT PUNA DIVISION (CASE NO. 3DTC-23-022007) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Defendant-Appellant Bonny N. Evans appeals from two judgments entered by the District Court of the Third Circuit, Puna Division on April 25, 2024.1 We affirm. On April 26, 2023, Evans was cited for driving without a license in the Traffic Case. She appeared without counsel to answer the summons. She was referred to the public defender's office. After several continuances, the return hearing was set for January 30, 2024. She did not appear. A bench warrant for contempt of court was issued. 1 The Honorable Jeffrey A. Hawk presided.  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Evans was arrested on February 12, 2024, for the contempt charge, starting the Contempt Case. She was released from custody and ordered to appear on March 19, 2024, for arraignment and plea. Private counsel was appointed because the public defender's office had a conflict of interest. At the March 19, 2024 hearing, appointed counsel moved to withdraw because of a conflict of interest. The motion was granted and the hearing was continued to April 25, 2024. The court appointed Pueo K. McGuire-Turcotte to represent Evans. Evans appeared with McGuire on April 25, 2024, for a consolidated hearing in the Traffic and Contempt cases. The State offered, and Evans accepted, a plea agreement. Evans would plead no contest to the contempt charge and be sentenced to time served, and the State would dismiss the Traffic Case. The trial court conducted a colloquy, after which Evans pleaded no contest to the contempt charge. She was sentenced to one day in jail with credit for time served. Evans thanked the court. A judgment was entered in the Traffic Case dismissing the charge of driving without a license. A judgment was entered in the Contempt Case finding Evans guilty of contempt of court and imposing a sentence of one day with credit for time served. Evans, representing herself, filed a notice of appeal from the judgments in the Traffic Case and the Contempt Case on May 24, 2024, creating CAAP-XX-XXXXXXX. Again representing herself, she filed a duplicate notice of appeal on May 28, 2024, creating CAAP-XX-XXXXXXX.2 We consolidated the appeals by order entered on April 2, 2026. Evans's opening brief states ten points of error but makes eleven numbered arguments. (1) Evans contends she was deprived of effective assistance of counsel because McGuire "allowed" her to plead no contest to the contempt charge despite knowing she had a meritorious defense. "The burden of establishing ineffective 2