Myron Jamarez Lee v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAOT-XX-XXXXXXX 20-JUN-2025 07:59 AM Dkt. 5 ODSLJ NO. CAOT-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I JASON FLETCHER, Petitioner, v STATE OF HAWAI I, Respondent. ORDER (By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.) Upon review of the record, the court finds that self- represented Petitioner Eric Fletcher's (Fletcher) April 25, 2025 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody appears to seek affirmative relief in the nature of a federal petition for writ of habeas corpus, which this court lacks jurisdiction to decide. Therefore, IT IS HEREBY ORDERED that case No. CAOT-XX-XXXXXXX is dismissed for lack of jurisdiction without prejudice to Fletcher seeking relief from the appropriate court having jurisdiction. Dated: Honolulu, Hawai i June 20, 2025. /s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-JUN-2025 07:58 AM Dkt. 65 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) AND STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, SR., Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT SUMMARY DISPOSITION ORDER (By: Leonard, Acting C.J., and Hiraoka and Wadsworth, JJ.) Defendant-Appellant Charleston Mahoe, also known as Charleston Mahoe, Sr. (Mahoe), appeals from the following orders (together, the Denial Orders) entered by the Circuit Court of the First Circuit: (1) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings" in case no. 1CPC-XX-XXXXXXX (Case 823); and (2) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings," in case no. 1CPC-XX-XXXXXXX (Case 829).1/ On June 22, 2017, Plaintiff-Appellee State of Hawai#i (State) charged Mahoe in Case 823 with Count 1, Assault in the Second Degree, and Count 2, Violation of a Temporary Restraining Order. On June 23, 2017, the State charged Mahoe in the 829 Case 1/ The Honorable Shirley M. Kawamura presided in both cases.  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER with Counts 1 through 3, Terroristic Threatening in the First Degree, and Counts 4 through 9, Violation of a Temporary Restraining Order. Mahoe pleaded no contest to all counts in both cases, and on December 19, 2017, the circuit court sentenced him to HOPE probation. On June 24, 2022, the State moved in both cases to revoke Mahoe's probation and resentence him. On December 22, 2022, Mahoe filed a Motion to Dismiss Proceedings (Motion to Dismiss) in each case. Mahoe argued that the Hawai#i Supreme Court's decision in State v. Obrero, 151 Hawai#i 472, 517 P.3d 755 (2022), required dismissal due to the State's failure to comply with HRS § 801-1's indictment-or- information requirement. On February 28, 2023, the circuit court entered the Denial Orders, which denied the respective Motions to Dismiss. On May, 11, 2023, the circuit court filed Orders of Resentencing Revocation of Probation. On appeal, Mahoe contends that the circuit court erred in applying "the Motta/Wells standard" to his "Obrero claim" and denying his Motions to Dismiss on that basis. After reviewing the record on appeal and the relevant legal authorities, and giving due consideration to the issues raised and the arguments advanced by the parties, we resolve Mahoe's appeal as follows: The Hawaii Supreme Court has held that "Obrero applies to cases that were pending trial before the decision. Obrero does not apply retroactively to defendants who pled out or to defendants convicted after a trial." State v. Bautista, 153 Hawai#i 284, 289, 535 P.3d 1029, 1034 (2023). The supreme court further held that "defendants awaiting sentencing . . . are foreclosed from having their pleas nullified or their trial convictions overturned" pursuant to Obrero. Id. Here, Mahoe pled out, was convicted, and was sentenced to probation with special conditions before Obrero was decided. He was awaiting resentencing when he first raised his argument based on Obrero. Pursuant to Bautista, Obrero did not apply to 2  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER his cases. Accordingly, the circuit court did not err in denying the Motions to Dismiss. Therefore, the respective February 28, 2023 Denial Orders entered by the Circuit Court of the First Circuit in Case 823 and Case 829 are affirmed. DATED: Honolulu, Hawai#i, June 18, 2025. On the briefs: /s/ Katherine G. Leonard Taryn R. Tomasa, Acting Chief Judge Deputy Public Defender, for Defendant-Appellant. /s/ Keith K. Hiraoka Brian Vincent, Associate Judge Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee. /s/ Cly

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS COLLIN McCLEARY, § No. 08-24-00116-CV Appellant, § Appeal from the v. § 109th District Court CTL CORP., § of Winkler County, Texas Appellee. § (TC# DC20-17766) JUDGMENT The Court has considered this cause on the record and concludes there was no error in the judgment. We therefore affirm the judgment of the court below. We further order that Appellee recover from Appellant all costs of appeal, and that this decision be certified below for observance. IT IS SO ORDERED this 11th day of June 2025. MARIA SALAS MENDOZA, Chief Justice Before Salas Mendoza, C.J., Palafox and Soto, JJ. Palafox, J., concurring without written opinion

304 June 11, 2025 No. 540 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. REBECCA LEE SMITH, Defendant-Appellant. Deschutes County Circuit Court 21CR07957; A183386 Walter Randolph Miller, Jr., Judge. Submitted May 13, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joel C. Duran, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Michael A. Casper, Assistant Attorney General, filed the brief for respondent. Before Shorr, Presiding Judge, Powers, Judge, and Pagán, Judge. PER CURIAM Remanded for resentencing; otherwise affirmed. Nonprecedential Memo Op: 341 Or App 304 (2025) 305 PER CURIAM Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. She initially pleaded guilty to reckless driving, which was reduced to a violation, and pleaded no contest to DUII and entered diver- sion. The trial court ultimately revoked defendant’s DUII diversion and sentenced her to 18 months of bench proba- tion and two days in jail, and ordered defendant to “pay any required per diem fees.” Defendant contends that the trial court erred when it included the per diem fees in the judgment without pro- nouncing that term in her presence at sentencing. The state concedes the error and we accept the concession. See State v. Barr, 331 Or App 242, 244, 545 P3d 772, rev den, 372 Or 720 (2024) (“The trial court erred by including a previously unannounced term in the sentencing judgment.”). Defendant maintains that the appropriate rem- edy is for us to reverse the per diem fees outright, and that remand for resentencing is unnecessary because the record reflects that the trial court did not intend to impose any additional monetary obligations. However, although the court expressly suspended other fees and fines at sentenc- ing, it did not address per diem fees one way or another. On resentencing, the court may clarify its intention regarding per diem fees. Remanded for resentencing; otherwise affirmed.

308 June 11, 2025 No. 543 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. BRYSON JEFFREY LATTANZI, Defendant-Appellant. Washington County Circuit Court 23CR31249; A182994 Erik M. Buchér, Judge. Submitted May 13, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Peter G. Klym, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Emily N. Snook, Assistant Attorney General, filed the brief for respondent. Before Shorr, Presiding Judge, Powers, Judge, and Pagán, Judge. PER CURIAM Affirmed. State v. Schriner, 336 Or App 873, 562 P3d 296 (2024), rev allowed, 373 Or 712 (2025).