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State v. Kido8/22/2003
rial -- taken in the light most favorable to the State, State v. Ildefonso, 72 Haw. 573, 576, 827 P.2d 648, 651 (1992), and in light of the prerogative of the jury in the sphere of witness credibility and weight of the evidence, State v. Tamura, 63 Haw. 636, 637-38, 633 P.2d 1115, 1117 (1981) -- showed that Kido, a user of crack cocaine confronted by the sudden propinquity of the police, concealed, then discarded, and then again attempted to conceal, or to destroy, a glass pipe containing and designed for smoking crack. Contrary to Kido's arguments below and on appeal, this was substantial evidence that he knew there was cocaine in the pipe. Ildefonso, 72 Haw. at 577, 827 P.2d at 651.
III. Conclusion.
Accordingly, the January 8, 2002 judgment of the court, as amended on January 15, 2002, is vacated and the case is remanded for a new trial. Malufau, 80 Hawaii at 132, 906 P.2d at 618.
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