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STATE v. APOLLONIO

No. SCWC-11-0000695.

311 P.3d 676 (2013)

130 Haw. 353

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Ricardo APOLLONIO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

October 10, 2013.

Attorney(s) appearing for the Case

Craig W. Jerome , ( James A. Tabe on the application), for petitioner.

Brandon H. Ito , for respondent.

ACOBA, McKENNA, and POLLACK, JJ., with RECKTENWALD, C.J., concurring and dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold that because the charge of Excessive Speeding, Hawai`i Revised Statutes (HRS) § 291C-105(a)(1) (Supp.2010), against Petitioner/Defendant-Appellant Ricardo Apollonio (Petitioner) did not allege that Petitioner acted intentionally, knowingly, or recklessly it failed to allege the requisite state of mind. State v. Nesmith, 127 Haw. 48, 56, 276 P.3d 617

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