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STATE v. SULLIVAN

No. 22902.

36 P.3d 803 (2001)

97 Hawai`i 259

STATE of Hawai`i, Plaintiff-Appellee. v. Kevin Andrew SULLIVAN, Defendant-Appellant.

Supreme Court of Hawai`i.

December 17, 2001.

Attorney(s) appearing for the Case

Jon N. Ikenaga, Deputy Public Defender, for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, (Lisette Blumhardt, Law Clerk, with him on the brief), for plaintiff-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

Opinion of the Court by RAMIL, J.

Defendant-appellant Kevin A. Sullivan (Sullivan) was charged with driving under the influence of drugs (DUI-DRUGS), in violation of Hawai`i Revised Statutes (HRS) § 291-7 (1993).1 Sullivan appeals from the order of the first circuit court, denying his motion for a jury trial. On appeal, Sullivan claims that the circuit court incorrectly determined that a first-time DUI-DRUGS offense constitutes a...

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