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STATE v. CUMMINGS

No. 23905.

63 P.3d 1109 (2003)

101 Hawai`i 139

STATE of Hawai`i, Plaintiff-Appellee, v. Craig Neal CUMMINGS, Defendant-Appellant.

Supreme Court of Hawai`i.

February 24, 2003.

Attorney(s) appearing for the Case

Robert D.S. Kim, on the briefs, for the defendant-appellant Craig Neal Cummings.

Linda L. Walton, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellee State of Hawai`i.

LEVINSON and ACOBA, JJ., and Intermediate Court of Appeals Judge LIM, assigned by reason of vacancy, and MOON, C.J., dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by LEVINSON, J.

The defendant-appellant Craig Neal Cummings appeals from the September 20, 2000 judgment of conviction and sentence of the district court of the third circuit, the Honorable Joseph P. Florendo presiding, convicting him of and sentencing him for the offenses of driving under the influence of intoxicating liquor (DUI), in violation of HRS § 291-4(a)(1) (Supp.1998),1 operating a vehicle without

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