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STATE v. MAHARAJ

No. SCWC-29520.

317 P.3d 659 (2013)

131 Hawai`i 215

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Peter Newal MAHARAJ, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

November 18, 2013.

Attorney(s) appearing for the Case

Leslie C. Maharaj , Honolulu, for petitioner.

Brian R. Vincent , for respondent.

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

Opinion of the Court by ACOBA, J.

We hold that the charge for Operating a Vehicle Under the Influence of an Intoxicant, (OVUII), HRS § 261E-61(a)(1) (2007) was insufficient because Respondent/Plaintiff-Appellee the State of Hawai`i (the State) failed to allege the requisite states of mind of intentional, knowing, or reckless in the charge, State v. Apollonio, 130 Haw. 353, 358-59, 311 P.3d 676

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