STATE v. WACKER

No. 13257.

770 P.2d 420 (1989)

STATE of Hawaii, Plaintiff-Appellant, v. Larry Joseph WACKER, Defendant-Appellee.

Supreme Court of Hawaii.

March 15, 1989.


Attorney(s) appearing for the Case

Lila B. LeDuc, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

R. Steven Geshell, Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


PADGETT, Justice.

This is an appeal by the State from an Order Dismissing a charge for Driving Under the Influence, under HRS § 291-4(a)(2).

In this case, appellant was charged under both HRS sections 291-4(a)(1) and 291-4(a)(2). The two charges were tried together as required under HRS § 701-109(2). At the trial, appellee was acquitted of the offense under section (a)(1), but the jury was unable to reach a verdict on the charge under section (a...

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