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STATE v. GASTON

No. 26849.

119 P.3d 616 (2005)

STATE of Hawai'i, Plaintiff-Appellee, v. Rhudel G. GASTON, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

Certiorari Denied September 12, 2005.

Attorney(s) appearing for the Case

Earle A. Partington, Honolulu, on the briefs, for Defendant-Appellant.

Anne K. Clarkin, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

BURNS, C.J., LIM and NAKAMURA, JJ.

Opinion of the Court by LIM, J.

Rhudel Gawat Gaston (Defendant or Gaston) appeals the September 21, 2004 judgment of the District Court of the First Circuit (district court),1 as amended on September 23, 2004, that convicted him of driving under the influence of an intoxicant (DUI); namely, alcohol.2 Defendant contends the district court convicted him on insufficient evidence, and in doing so offended due process...

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