State v. Graybeard

Opinion of the Court by

LIM, J.

Defendant-Appellant Philip Graybeard, aka Graybeard, 1 appeals the May 14, 1999 judgment of the District Court of the Third Circuit convicting him of harassment, in violation of Hawai'i Revised Statutes (HRS) § 711~1106(l)(b), 2 and sentencing him to perform two hundred hours of community service and to pay twenty-five dollars to the Criminal Injury Compensation Fund. Because the court did not engage Graybeard in the so-called Tachibana 3 colloquy or obtain on the record his waiver of his constitutional right to testify at trial, we vacate the judgment and remand…