State v. Smith

Opinion of the Court by

NAKAMURA, J.

Defendant-Appellant Scott Brian Smith (Smith) appeals from the Judgment entered on November 20, 2002, by the Circuit Court of the Second Circuit (the circuit court). 1 Smith was convicted of assaulting, threatening, kidnapping, and repeatedly raping the complaining witness (the CW), who was his former girlfriend and the mother of his young son. Smith was found guilty after a jury trial of the following offenses, all of which occurred on June 26,1999:

Count 1: Assault in the first degree, in violation of Hawaii Revised Statutes (HRS) § 707-710 (1993), as a…