State v. Woicek

OPINION OF THE COURT BY

OGATA, J.

' This is an appeal by defendant-appellant (hereinafter appellant), Tim Woicek, from his conviction in the District Court of the First Circuit for harassment. We reverse.

On October 16,1979, appellant was seen riding his bicycle on the sidewalk among pedestrians on Kalakaua Avenue, just ewa of Lew- ers Avenue in Waikiki by Police Officer Joslin. Officer Joslin told appellant to stop but appellant replied that he couldn’t. Thinking that appellant was not going to heed his request, Officer Joslin grabbed the handle bars of the bicycle as it passed by. As a result,…