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State v. Patubo3/22/2004
have a license or not?
A: No, I don't have a license.
Q: So you're running an unlicensed, illegal car business; are you, sir?
A: Are you talking about a state mechanic license?
Q: No. I'm talking about a license to fix and sell cars at your residence.
A: Uh, no.
Q: Would you agree with me that's a business?
A: Um, I don't sell that much cars.
Q: We had all kinds of people come in here, your own friends testify that's what you do for a living, you fix cars and sell em [sic]. All I'm asking is did you have a license to do that?
A: No, sir.
Q: And were you paying any excise tax?
A: No, sir.
The State argues that this topic was appropriate for cross-examination because Patubo testified that he fixes and sells cars for a living, and two of his friends also testified that Patubo fixes cars for a living.
We agree with Patubo that it was prejudicial to emphasize the fact that Patubo was running an illegal, unlicenced car business. However, given the fact that (1) defense counsel did not object to this testimony and (2) the nature of the alleged misconduct and the strength of the evidence against the defendant, we conclude that this prosecutorial misconduct was harmless beyond a reasonable doubt.
CONCLUSION
Accordingly, we affirm the July 23, 2002 Judgment of the Circuit Court of the First Circuit convicting Defendant Appellant Lino Patubo, Jr., of two counts of Unauthorized Control of Propelled Vehicle, HRS § 708-836 (1993); one count of Promoting Dangerous Drug in the Second Degree, HRS § 712- 1242(1)(b)(i) (1993); and one count of Unlawful Use of Drug Paraphernalia, HRS § 329-43.5(a) (1993); and sentencing him to concurrent five (5) year terms of probation for each count and to pay a $400 Crime Victim Compensation Fee and $500 for a Drug Demand Reduction Assessment.
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