State v. GodinesAnnotate this Case
Defendant was found guilty of operating a vehicle without motor vehicle insurance in violation of Haw. Rev. Stat. 431:10C-104 and sentenced to a $500 fine. Defendant filed a notice of appeal and requested waiver of her transcript costs pursuant to Haw. Rev. Stat. 802-7. The Intermediate Court of Appeals (ICA) denied Defendant’s request for waiver, concluding that Defendant was not a “criminal defendant” as required by the statute. Defendant proceeded with her appeal, arguing that the district court erred by failing to adjudicate her case pursuant to Haw. Rev. Stat. Chapter 291D. The ICA affirmed, holding that Chapter 291D does not apply to violations of section 431:10C-104. The Supreme Court vacated the ICA’s judgment on appeal and remanded, holding (1) the ICA correctly determined that Chapter 291D did not apply to Defendant’s section 431:10C offense; but (2) the ICA erred in denying Defendant’s request for transcript costs under section 802-7 on the basis that she was not a criminal defendant.