Hawaii Supreme Court August 24, 1981, NO. 7731; CRIMINAL NO. C79-5996 (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-

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ers Avenue in Waikiki by Police Officer Joslin.