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STATE v. WHEELER

No. 29149.

219 P.3d 1170 (2009)

STATE of Hawai`i, Petitioner/Plaintiff-Appellee, v. Carson Lalepa WHEELER, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

November 17, 2009.

Attorney(s) appearing for the Case

Donn Fudo, Deputy Prosecuting Attorney, for petitioner/plaintiff-appellee.

Timothy I. Mac Master, for respondent/defendant-appellant Carson Lalepa Wheeler.

MOON, C.J., NAKAYAMA, ACOBA, DUFFY, and RECKTENWALD, JJ.

Opinion of the Court by RECKTENWALD, J.

Respondent/Defendant-Appellant Carson Lalepa Wheeler was convicted of Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawai`i Revised Statutes (HRS) § 291E-61(a)(1) and (b)(1)(2007).1 Prior to the start of trial, Wheeler moved to have the District Court of the First Circuit (district court)2

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