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STATE v. DERYKE

No. 27259.

148 P.3d 1222 (2006)

STATE of Hawai`i, Plaintiff-Appellee, v. Erik Barend DERYKE, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

December 8, 2006.

Attorney(s) appearing for the Case

James A. DeLacy, Brian A. Costa (Costa & DeLacy, LLLC), on the briefs, for Defendant-Appellant.

Brian R. Vincent, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

Opinion of the Court by NAKAMURA, J.

Defendant-Appellant Erik Barend Deryke (Deryke) appeals from the Judgment entered on March 29, 2005, in the District Court of the First Circuit, Kaneohe Division (district court).1 Deryke was charged with 1) Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(1) and (a)(3) (Supp.2001),2 and 2)...

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