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State v. Ryan8/15/1978
in committing the offense, except to the extent disclosed by appellant's statements to the court at the time of his summary conviction. The mere fact of appellant's absence, which was within the knowledge of the court, was not sufficient to enable it to infer the intent with which appellant absented himself.
In State v. Taylor, 56 Haw. 203, 532 P.2d 663 (1975), we held that a defendant, who failed to appear for trial upon a criminal charge in a district court and was summarily convicted of criminal contempt of court, was guilty of direct contempt under HRS § 710-1077(3)(a) and as such the conviction was not subject to review by direct appeal. On its facts, however, Taylor is distinguishable from the instant case. The defendant in Taylor professed to have been waiting for her counsel outside the courtroom, but did not respond at either of the two times her case was called. This information, known to the court by defendant's own admission, was sufficient to establish that she was in court premises when the case was called and the conduct which constituted contempt occurred in the presence of the court.
We conclude that the alleged misconduct of appellant, if contemptuous, was not within the immediate view and presence of the court, nor was it such that all of the facts constituting the offense were known to the court. The contempt, then, fell not within HRS § 710-1077(3)(a), but rather within § 710-1077(3)(b). Consequently, § 710-1077(5) acts as no bar to this appeal and jurisdiction properly lies. Appellant shall
have 60 days to file an opening brief and briefing shall proceed thereafter as provided by rule.
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