STATE v. NAKANO

No. SCWC-12-0000106.

313 P.3d 690 (2013)

131 Haw. 1

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Daniel S. NAKANO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

October 8, 2013.


Attorney(s) appearing for the Case

Samuel P. King, Jr. , Honolulu, for petitioner.

Donn Fudo , Honolulu, for respondent.

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


Opinion of the Court by RECKTENWALD, C.J.

Daniel S. Nakano was charged with Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in violation of Hawai`i Revised Statutes (HRS) §§ 291E-61(a)(1), (a)(3), and (b)(1). Nakano entered a conditional no contest plea as to HRS § 291E-61(a)(1), conditioned on his ability to appeal on the ground that the charge was defective because it did not allege a state of mind. The State consented to the conditional...

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