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STATE v. SPEARMAN

No. SCWC-11-0000702.

296 P.3d 359 (2013)

129 Haw. 146

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Sarah V.P. SPEARMAN, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied March 8, 2013.

Attorney(s) appearing for the Case

Timothy I. MacMaster , Honolulu, for petitioner.

Keith M. Kaneshiro and Stephen K. Tsushima , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by MCKENNA, J.

I. Introduction

At issue in this appeal is whether double jeopardy1 bars the re-prosecution of a defendant for violating Hawai`i Revised Statutes ("HRS") § 291E-61 (2007 & Supp. 2009)2 ("Operating a Vehicle under the Influence of an Intoxicant" or "OVUII"), following a "judgment of acquittal" on the HRS §...

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