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State v. Realina

Hawaii Intermediate Court of Appeals
616 P.2d 229 (1980)


Facts

Marcelino Realina (defendant) was having an affair with the wife of Steve Hardisty. On a couple of occasions, Hardisty telephoned Realina and threatened to kill him if he did not stop seeing his wife. Shortly thereafter, Hardisty and his wife separated in contemplation of divorce. One evening, Hardisty saw Realina driving and believed he was going to see his estranged wife and got upset. Realina saw Hardisty and drove into a police station parking lot and both men parked their cars. Hardisty got out of his car and began verbally threatening Realina who sat silent in his vehicle. After a while, Realina started his car’s engine and prepared to drive away. To prevent him from leaving, Hardisty reached into Realina’s car and grabbed his shirt. Realina turned off the engine and Hardisty let Realina go. Realina found a cane knife and got out of the car with it and chased Hardisty into the police station. Once inside, Hardisty told a police officer that a man was trying to kill him. The officer saw Realina running toward the station, with the cane knife held in an upward position. The officer ordered Realina to immediately drop the knife and Realina complied. Realina was charged with terroristic threatening in violation of HRS § 707-715(a) and was convicted and sentenced to 30 days confinement. Realina appealed.

Rule of Law

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Issue

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Holding and Reasoning (Burns, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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