State v. Rodrigues

Defendant-appellant Shaun C. Rodrigues appeals from the judgment, filed on September 10, 2004, by the First Circuit Court, the Honorable Virginia L. Crandall presiding, denying his Motion for Stay of Judgment to Either Allow the Gathering of Additional Evidence and a Reopening of the Trial in this Matter or for a New Trial [hereinafter, Motion to Reopen], and challenges the December 23, 2003 Findings of Fact (FOF), Conclusions of Law (COL), and Decision, adjudicating him guilty on the following five counts: Count I, Burglary in the First Degree, in violation of Hawaii Revised Statutes (HRS) § 708-810(1)(c)(1993); Counts II and III, Robbery in the First Degree, in violation of HRS § 708-840(1)(b)(ii) (1993 & Supp. 2004); and Counts IV and V, Kidnapping, in violation of HRS § 707-720(1)(e)(1993). On appeal, Rodrigues contends that: (1) the trial courts December 23, 2002 Findings of Fact (FOFs), Conclusions of Law (COLs), and Decision were not supported by substantial evidence because (a) they were based on unreliable eyewitness identifications and (b) the evidence as a whole was insufficient to convict him; and (2) the trial court abused its discretion in denying his Motion to Reopen where he had newly discovered evidence that could have exonerated him and implicated another. OB at 17, 33.