State v. Trisolini
CourtHawaii Intermediate Court of Appeals
Date FiledSeptember 30, 2026
DocketCAAP-24-0000352
StatusPublished
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Full Opinion
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Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-SEP-2026
07:58 AM
Dkt. 99 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
CYNTHIA E. TRISOLINI, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CASE NO. 1DCW-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)
Defendant-Appellant Cynthia E. Trisolini (Trisolini)
challenges her conviction for fourth-degree criminal property
damage, in violation of Hawaii Revised Statutes (HRS) § 708-823,1
for damaging the plants of her neighbor. She also challenges
aspects of her sentence, with regard to the restitution award
and the imposition of particular probation conditions. We
affirm the conviction and the restitution award and vacate in
part as to the probation conditions.
1 HRS § 708-823 (2014) provides that "[a] person commits the
offense of criminal property damage in the fourth degree if . . . the person
intentionally or knowingly damages the property of another without the
other's consent."
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Trisolini appeals from the April 23, 2024 "Judgment
and Notice of Entry of Judgment" (Judgment), entered by the
District Court of the First Circuit (District Court).2
On appeal, Trisolini raises four points of error
(POEs), contending the District Court erred by (1) "failing to
address whether Trisolini's testimony and Exhibit D proved that
the plants were on Trisolini's land" and "concluding that
property boundaries were irrelevant in determining ownership of
the plants, contrary to Whitesell v. Houlton[,] [2 Haw. App.
365, 632 P.2d 1077 (App. 1981)]"; (2) "failing to make findings
of fact and conclusions of law regarding whether the plants were
within Trisolini's property boundaries"; (3) "awarding
restitution for costs that were speculative, unsupported by
evidence, or unrelated to the damage caused"; and (4) "abus[ing]
its discretion by imposing conditions of probation that were
unsupported by the evidence and unrelated to the offense."3
Upon review of the record on appeal and relevant legal
authorities, giving due consideration to the issues raised and
arguments advanced by the parties, we resolve the contentions as
follows.
Trisolini was charged with fourth-degree criminal
property damage in relation to a January 25, 2023 incident in
which she climbed over a fence/wall that stood between her and
her neighbor's properties and allegedly damaged the neighbor's
(Heidi Kreplin (Kreplin)) plants. During the November 7 and 14,
2 The Honorable Alvin K. Nishimura presided.
3 Trisolini's POEs have been consolidated, reorganized, and
renumbered for clarity. In POE 1, Trisolini fails to identify where and how
she preserved her Whitesell v. Houlton-based challenge. See Hawaiʻi Rules of
Appellate Procedure (HRAP) Rule 28(b)(4)(ii) and (iii). Trisolini's Opening
Brief also does not identify where and how she preserved the challenges set
forth in POEs 2, 3, and 4. See id. Such noncompliance impedes expeditious
appellate review.
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2023 bench trial, Plaintiff-Appellee State of Hawaiʻi (State)
presented video evidence and witness testimony by Kreplin and a
neighbor of both Trisolini and Kreplin, Courtney Caldwell
(Caldwell), to establish Kreplin's ownership of the plants and
that Trisolini damaged them. A six-minute video of the incident
recorded by Caldwell shows Trisolini on Kreplin's side of the
fence/wall appearing agitated, pulling or removing plants and
throwing them over to her side of the fence/wall. Trisolini's
defense argued that the damaged plants were located within
Trisolini's property line, and therefore Kreplin's ownership had
not been established. The defense witnesses included Fluvio
Fonda (Fonda), a previous resident of the area, and Trisolini.
Fonda testified that the fence/wall was "about 1 inch" on
Trisolini's property, and that the "ti leaves" planted on
Kreplin's "side of the wall are actually on [Trisolini]'s
property[.]" Trisolini admitted that she "ripp[ed] some of the
ti leaf leaves off," but claimed that those plants were hers,
because "[she] planted them" and they were "on [her] property."
She denied damaging any papaya or plumeria trees.
At the conclusion of evidence on November 14, 2023,
the District Court found Trisolini guilty as charged, explaining
that it found Kreplin credible and Trisolini not credible, as
follows:
[THE COURT]: The real issue is the plants that were
damaged, whose plants were they? . . . Clearly from the
testimony and from the video the plants were intentionally
damaged. So who -- whose plants were they?
The Court finds the testimony of [Kreplin] to be
credible that they were her plants. The Court finds
[Trisolini]'s testimony not credible. . . . [I]t defies
common sense to say these are my plants and I care about my
plants, and then go over there and just rip them apart.
The only plants . . . that [Trisolini] could testify
was [sic] her plants were the ti plants. The exhibits show
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that there were other plants damaged. The papaya, the
plumeria. Clearly those belong to [Kreplin].
So the Court finds that the State has met its burden
of proving every element of the offense beyond a reasonable
doubt that there was no consent to damage the property of
[Kreplin], and that the damage was intentionally caused by
[Trisolini].
. . . .
[W]e can go through a whole long list of all the
testimony that, you know, the property line issues
really -- if anything would perhaps show some reasonable
belief that some plants belonged to one person or the
other. . . . [But] it doesn't matter whose property it's
on. It's whose property it is that really matters.
And as I indicated, the Court believes the testimony
of [Kreplin] that those plants were her plants.
(Emphases added.)
On April 23, 2024, the District Court held a hearing
on sentencing and restitution. Kreplin testified that the
papaya tree damaged by Trisolini had died; that "five good-sized
mature clumps" of ti plants "ha[d] not come back"; and that the
plumeria plant was now a short "stump" that "hasn't really
recovered." Kreplin requested restitution of $842.93, based on
an estimate from Turf and Shrub Care Hawaii, Inc. (Turf and
Shrub), a plant nursery, for "delivery, installation" of five
three-gallon ti plants, a papaya tree, and a white plumeria.
Trisolini objected to restitution, arguing that the probation
officer had not verified the amount of damage to the plants, and
that the inclusion of delivery and installation costs was
unjustified.
The District Court sentenced Trisolini to six months
probation and restitution of $842.92 to Kreplin, stating that
"the purpose [of restitution] is to make the victim whole" and
finding the "estimate and figures . . . reasonable under this
situation and circumstances." In addition, the District Court
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ordered Trisolini to submit to a mental health assessment and
any treatment deemed necessary, an alcohol or substance abuse
assessment and any treatment deemed necessary, and anger
management treatment. Regarding the mental health assessment
and treatment order, the District Court noted that "[b]ased on
the presentence report . . . it may be appropriate." The
District Court provided no explicit reasoning for the alcohol or
substance abuse assessment and treatment and anger management
treatment orders. The record does not reflect an objection by
Trisolini to any of the assessment or treatment-related
sentencing terms.
(1) Trisolini argues that "[t]he trial court's
dismissal of Exhibit D and reliance on speculative reasoning
leave the appellate court with no substantial evidence
supporting" a conclusion that the property damaged by Trisolini
belonged to "another," an element required under HRS § 708-823.
Trisolini further argues that the District Court "erred in
concluding that property boundaries were irrelevant in
determining ownership of the plants, contrary to Whitesell v.
Houlton[,]"4 and that this "legal error undermines the State's
case because ownership is an essential element of the offense."
Trisolini's arguments go to the weight the District
Court accorded the evidence, and are unpersuasive. The record
reflects that Kreplin testified that she owned the damaged
papaya tree, plumeria tree, and ti plants, and the District
Court found Kreplin's testimony "credible." This court does
"not pass upon [a] trial judge's decisions with respect to the
4 Trisolini argues that Whitesell, 2 Haw. App. 365, 632 P.2d 1077
stands for the proposition that "[p]roperty boundaries and root locations are
the determinative factors for [plant] ownership under Hawai[ʻ]i law."
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credibility of witnesses and the weight of the evidence[.]"
State v. Eastman, 81 Hawaiʻi 131, 139, 913 P.2d 57, 65 (1996).
Trisolini does not indicate where her Whitesell-based
argument was made below. See State v. Moses, 102 Hawaiʻi 449,
456, 77 P.3d 940, 947 (2003) ("As a general rule, if a party
does not raise an argument at trial, that argument will be
deemed to have been waived on appeal[.]" (citations omitted)).
The record reflects that Trisolini made the argument below that
the ownership of the plants should be determined by the property
line, but did not specifically cite Whitesell to the District
Court. In any event, the Whitesell argument regarding ownership
of the plants based on property boundaries goes to the weight of
the evidence, upon which we do not pass on appeal. The District
Court also found Trisolini's testimony, which included her claim
disputing Kreplin's ownership of the plants located on
Trisolini's side of the property line, to be "not credible."
See Eastman, 81 Hawaiʻi at 139, 913 P.2d at 65. Trisolini's
challenge that there was no substantial evidence to support her
conviction, lacks merit. See State v. Kalaola, 124 Hawaiʻi 43,
49, 237 P.3d 1109, 1115 (2010).
(2) Relying on misrepresented authority,5 Trisolini
claims the District Court "erred in failing to make findings of
5 The authority in the Opening Brief of State v. DeMello,
130 Hawaiʻi 332, 310 P.3d 1033 (App. 2013) does not stand for the proposition
for which it was offered, and Trisolini's prior appellate counsel has
acknowledged such in his July 20, 2026 "Response to Order to Show Cause."
This court issued an Order to Show Cause to Trisolini's counsel on June 19,
2026, after finding multiple incorrect citations to authority in the Opening
Brief. Citing cases that do not stand for the propositions for which they
are cited "undermines the integrity of the judicial system and wastes limited
judicial resources[,]" "by requiring judges and court staff to verify
citations and address misconduct, thereby reducing the time available to
address other matters." State v. Presti, No. CAAP-XX-XXXXXXX, 2026 WL
2568264, at *5 (Haw. App. Aug. 31, 2026) (citing Bryan v. Child Support Enf't
Agency, No. SCPW-XX-XXXXXXX, 2026 WL 866894, at *2 (Mar. 30, 2026) (order)).
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fact and conclusions of law regarding whether the plants were
within Trisolini's property boundaries." As the State points
out, the record reflects that Trisolini did not request such
findings in accordance with Hawaiʻi Rules of Penal Procedure
(HRPP) Rule 23(c),6 and this challenge is waived.
(3) Relying in part on misrepresented authority,7
Trisolini argues that because Kreplin originally "transported
and planted the papaya tree and plumeria tree herself" and "was
unsure whether she would replace the plumeria and papaya trees"
after Trisolini had damaged them, Kreplin's restitution award of
$842.93 was based on "speculative [costs], unsupported by
evidence, or unrelated to the damage caused." The State
counters that "the evidence adduced at trial and at the
contested restitution hearing demonstrated a sufficient nexus
between [Trisolini]'s destruction of [Kreplin]'s plants and
trees and their subsequent death and/or damage, providing the
requisite basis for the [D]istrict [C]ourt to order
restitution."
HRS § 706-646(2) (2014 & 2024 Supp.) provides for an
award of restitution for "reasonable and verified losses
suffered by the victim or victims as a result of the defendant's
offense when requested by the victim." HRS § 706-646(3)
provides that "[r]estitution shall be a dollar amount that is
6 HRPP Rule 23(c) provides in pertinent part, "[i]n a case tried
without a jury the court shall make a general finding and shall in addition,
on request made at the time of the general finding, find such facts specially
as are requested by the parties." (Emphasis added.)
7 The authority in the Opening Brief of State v. Gaylord, 78 Hawaiʻi
127, 149, 890 P.2d 1167, 1191 (1995) does not stand for the proposition for
which it was offered, and Trisolini's prior appellate counsel has
acknowledged such. The argument relying on the misrepresented authority is
waived, but we address the remaining argument that relies on HRS § 706-646.
See Presti, 2026 WL 2568264, at *7 (disregarding as waived arguments
supported by non-existent authority, and considering the remaining
discernible arguments).
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sufficient to reimburse any victim fully for losses, including
but not limited to . . . [f]ull value of stolen or damaged
property, as determined by replacement costs of like property,
or the actual or estimated cost of repair[.]"
Here, Kreplin submitted a cost estimate from Turf and
Shrub for five three-gallon ti plants, a papaya tree, and a
plumeria plant, which included the cost of delivery and
installation. Because the purpose of restitution is to
"reimburse any victim fully for losses," which may include the
estimated replacement costs of like property, the fact that
Kreplin originally transported and planted the papaya and
plumeria trees herself is not disqualifying. See HRS § 706-
646(2). Returning Kreplin to the position she was in before
Trisolini damaged her plants may reasonably require delivery and
installation of replacement plants. That Kreplin "was unsure
whether she would replace the plumeria and papaya trees" after
Trisolini had damaged them is also not disqualifying, because
restitution may include "estimated" costs of repair or
replacement. See HRS § 706-646(3); State v. Davis, No. CAAP-23-
0000597, 2025 WL 2927947, at **2 (Haw. App. Oct. 15, 2025) (SDO)
(affirming a restitution award that covered the cost of
repairing a complaining witness's car even though "she had not
yet paid to repair the damage[,]" because HRS § 706-646(3)
"expressly allows restitution to be based on the 'estimated cost
of repair[']"). The $842.92 restitution award was not
"speculative" as it was supported by the Turf and Shrub
estimate, and the replacement plants were directly related to
the damage incurred by Kreplin as a result of Trisolini's
offense. See HRS § 706-646(2). Trisolini did not present any
contrary evidence to contest the amount requested by Kreplin.
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Accordingly, the District Court's restitution award
was within the scope of its discretion. See State v. Griffin,
83 Hawaiʻi 105, 107, 924 P.2d 1211, 1213 (1996) (reviewing a
restitution award for abuse of discretion).
(4) Trisolini argues that the District Court abused
its discretion by ordering her to submit to a "substance abuse
assessment, anger management counseling, and a mental health
assessment" as conditions of her probation, because "the record
is devoid of any evidence that substance abuse, mental illness,
or anger-related issues contributed to the commission of the
offense[,]" and the District Court "did not cite any findings or
reasoning to justify these conditions." Trisolini asserts that
such discretionary conditions may be imposed only if they "bear
a reasonable relationship to the defendant's behavior, the
offense, or the need for deterrence[,]" citing State v. Barrios,
139 Hawaiʻi 321, 328-29, 389 P.3d 916, 923-24 (2016).8
The State contends the mental health and substance
abuse assessment and treatment conditions were supported by
content on certain pages of the confidential presentence report.
The State claims that "a review of the trial evidence reveals
that the [D]istrict [C]ourt had sufficient information with
respect to its decision to order [Trisolini] to undergo anger
management treatment."
The record reflects that Trisolini did not object to
the imposition of these conditions. While the failure to object
at the time of sentencing generally results in forfeiture of
such sentencing challenges on appeal, see State v. Kong, 129
Hawaiʻi 135, 143, 295 P.3d 1005, 1013 (App. 2013), Trisolini's
8 Barrios also does not stand for the proposition for which it was
offered, and prior appellate counsel has acknowledged such.
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Supplemental Brief9 on this POE requests plain error review,
citing State v. Kahawai, 103 Hawaiʻi 462, 83 P.3d 725 (2004).
Trisolini argues that "ordering an alcohol and substance abuse
assessment and treatment, as necessary, as a condition of
probation is a deprivation of liberty[,]" warranting plain error
review. The State's Supplemental Brief agrees that "this court
should apply plain error review" to this sentencing issue "for
the sake of judicial economy" because an "illegal sentence may
be raised by a defendant at any time pursuant to HRPP Rule
40[.]" We apply plain error review to this POE.
A court may impose discretionary conditions on a
sentence of probation "to the extent that the conditions are
reasonably related to the factors set forth in section 706-606
and to the extent that the conditions involve only deprivations
of liberty or property as are reasonably necessary for the
purposes indicated in section 706-606(2)[.]" HRS § 706-624
(2014 & 2024 Supp.). HRS § 706-606 (2014 & 2024 Supp.) sets
forth general sentencing factors a court must consider,
including "[t]he nature and circumstances of the offense and the
history and characteristics of the defendant" in subsection (1).
Conditions must be reasonably necessary for the following HRS §
706-606(2) purposes:
(a) To reflect the seriousness of the offense, to promote
respect for law, and to provide just punishment for the
offense;
(b) To afford adequate deterrence to criminal conduct;
(c) To protect the public from further crimes of the
defendant; and
9 The parties submitted supplemental briefs pursuant to this
court's September 16, 2026 Order, regarding this POE.
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(d) To provide the defendant with needed educational or
vocational training, medical care, or other
correctional treatment in the most effective manner[.]
Id. In addition, there must be "a factual basis in the record
indicating that such conditions are reasonably related to the
factors set forth in HRS § 706-606[.]" State v. Talo, 153
Hawaiʻi 63, 69, 526 P.3d 588, 594 (2023) (citing Kahawai, 103
Hawaiʻi at 462, 83 P.3d at 725) (emphasis added).10 "[A]
sentencing judge is not limited to information from a
[presentence report] or any particular source of information in
considering the sentence." Kahawai, 103 Hawaiʻi at 465, 83 P.3d
at 728.
Although the Hawaiʻi Supreme Court has "strongly . . .
recommend[ed] that the sentencing court state its reasons for
imposing [a] particular sentence[,]" Gaylord, 78 Hawaiʻi at 144,
890 P.2d at 1184 (ellipses omitted), the District Court in this
case provided no explanation as to why it ordered anger
management treatment as a probation condition. As the State
points out, however, the trial record of the video showing
Trisolini damaging Kreplin's plants in an agitated manner
provides a factual basis for anger management treatment as a
reasonably related correctional treatment under HRS § 706-
606(2)(d). See Talo, 153 Hawaiʻi at 69, 526 P.3d at 594. On
10 Talo affirmed the imposition of a probation condition allowing
warrantless searches by a probation officer for contraband, because the
defendant "was convicted of a felony and a crime of violence, which
prohibited him from owning or possessing firearms and ammunition, and because
he had notice that 'contraband' would include such items." 153 Hawaiʻi at 64,
526 P.3d at 589.
In Kahawai, the Hawaiʻi Supreme Court vacated a sentence that
included a substance abuse assessment, because the sentencing court "had no
basis, other than the unsubstantiated argument of the prosecutor, in
determining that substance abuse conditions were warranted." 103 Hawaiʻi at
467, 83 P.3d at 730.
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this record, the District Court did not exceed the scope of its
discretion with respect to the anger management condition. See
State v. Carroll, 146 Hawaiʻi 138, 150, 456 P.3d 502, 514 (2020)
(reviewing sentencing matters for abuse of discretion).
The trial record, however, does not reflect a factual
basis to support the mental health and substance abuse
assessment probation conditions, as "reasonably related" to any
HRS § 706-606 sentencing factor. See Talo, 153 Hawaiʻi at 69,
526 P.3d at 594. The District Court did not provide a rationale
for these conditions, and its purported justification "[b]ased
on the presentence report" for the mental health assessment
condition was inadequate. We conclude the District Court
exceeded the scope of its discretion by imposing the mental
health and substance abuse assessment probation conditions as
part of Trisolini's sentence. See Carroll, 146 Hawaiʻi at 150,
456 P.3d at 514.
For the foregoing reasons, we affirm in part with
respect to Trisolini's conviction, and we vacate the sentence
set forth in the April 23, 2024 Judgment, entered by the
District Court of the First Circuit. We remand for resentencing
consistent with this Summary Disposition Order.
DATED: Honolulu, Hawai‘i, September 30, 2026.
On the briefs:
/s/ Karen T. Nakasone
William H. Jameson, Jr.
Chief Judge
Deputy Public Defender,
for Defendant-Appellant.
/s/ Clyde J. Wadsworth
Associate Judge
Stephen K. Tsushima,
Deputy Prosecuting Attorney
/s/ Kimberly T. Guidry
City and County of Honolulu
Associate Judge
for Plaintiff-Appellee.
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