Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-NOV-2021 08:12 AM Dkt. 75 MO NOS. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I NO. CAAP-XX-XXXXXXX (CR. NO. 16-1-1545) STATE OF HAWAI#I, Plaintiff-Appellee, v. ALABANZA C. TUIMALEALIIFANO, also known as Chris, Defendant-Appellant ________________________ NO. CAAP-XX-XXXXXXX (CR. NO. 1CPC-XX-XXXXXXX) STATE OF HAWAI#I, Plaintiff-Appellee, v. ALABANZA C. TUIMALEALIIFANO, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 16-1-1545; CR. NO. 1CPC-XX-XXXXXXX) MEMORANDUM OPINION (By: Ginoza, Chief Judge, Leonard and Hiraoka, JJ.) In this consolidated appeal, Defendant-Appellant Alabanza C. Tuimalealiifano, also known as Chris (Tuimalealiifano), appeals from the: (1) October 5, 2020 Judgment of Conviction and Sentence; Notice of Entry in 1CPC-19- 0001189 (Judgment in 2019 Case); and (2) the October 5, 2020 Judgment of Conviction and Sentence; Notice of Entry in 1PC161001545 (Judgment in 2016 Case) both entered by the Circuit Court of the First Circuit (Circuit Court).1 Tuimalealiifano challenges the Circuit Court's October 10, 2020 Findings of Fact, Conclusions of Law and Order Denying Defendant's Motion to Withdraw Guilty Pleas (FOFs/COLs in 2016 Case) denying his motion to withdraw his guilty pleas in the 2016 Case. Tuimalealiifano also challenges the Circuit Court's October 8, 2020 Findings of Fact, Conclusions of Law, and Order Denying Defendant's Motion to Withdraw Guilty Pleas, Filed July 30, 2020 (FOFs/COLs in 2019 Case) denying his motion to withdraw his guilty pleas in the 2019 Case. I. BACKGROUND On September 29, 2016, a grand jury indicted Tuimalealiifano on eight counts for offenses arising out of events occurring on or about September 24, 2016, which resulted in the injury of one person and death of another: Count 1, Criminal Attempt, in violation of Hawaii Revised Statutes (HRS) § 705-500 (2014)2, Murder in the Second Degree, in violation of 1 The Honorable Karen T. Nakasone presided in both cases. 2 HRS § 705-500 provides: § 705-500 Criminal attempt. (1) A person is guilty of an attempt to commit a crime if the person: (continued...) 2 HRS § 707-701.5 (2014)3, Terms of Imprisonment for First and Second Degree Murder and Attempted First and Second Degree Murder, pursuant to HRS § 706-656 (2014)4 (Attempted Murder 2 (...continued) (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or (b) Intentionally engages in conduct which, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct intended to culminate in the person's commission of the crime. (2) When causing a particular result is an element of the crime, a person is guilty of an attempt to commit the crime if, acting with the state of mind required to establish liability with respect to the attendant circumstances specified in the definition of the crime, the person intentionally engages in conduct which is a substantial step in a course of conduct intended or known to cause such a result. (3) Conduct shall not be considered a substantial …
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