State v. Nakata8/2/1994
OPINION OF THE COURT BY MOON, C.J.
In 1990, defendants-appellants Glenn Nakata, Alvin Lau, and Eddie Daoang (collectively, the defendants) each requested a jury trial in their individual case on the charge of first-offense driving under the influence of intoxicating liquor (DUI), in violation of Hawaii Revised Statutes (HRS) § 291-4 (1985). Subsequently, the Hawaii State Legislature enacted Act 128, 1993 Haw. Sess. Laws 179 (Act 128), which amended the DUI statute by lowering the penalties for a first offense, with the intent of eliminating the right to a jury trial for a first-offense DUI charge. Act 128 also provided for retroactive application to all pending first-offense DUI cases.
After the effective date of Act 128, plaintiff-appellee State of Hawaii (the prosecution) moved to remand each of the defendants' cases to the district court for bench trials. The First Circuit Court consolidated the three cases, issued findings of fact, and reserved the following two questions of law, pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 15 and HRS § 602-5(2) (Supp. 1992), resulting in supreme court No. 17317:
1. Whether the amendments to the sentencing provisions of HRS [§ ] 291-4 provided in Act 128, Session Laws of Hawaii, Regular Session of 1993, effective May 21, 1993, eliminate the right to jury trial for defendants charged with a first offense under HRS § 291-4.
2. If the amendments to the sentencing provisions of HRS [§ ] 291-4 provided in Act 128, Session Laws of Hawaii, Regular Session of 1993, effective May 21, 1993, do eliminate the right to jury trial, whether the deprivation of such a right may be applied retrospectively to alleged offenses occurring prior to the enactment of the Act.
We, in turn, consolidated No. 17317 with No. 17228, a petition for writ of prohibition and/or mandamus (petition for writ), filed by Jon David Whittington. Whittington seeks an order (1) barring the district court from hearing his case at a bench trial and (2) committing the case to circuit court for a jury trial.
We answer both reserved questions in the affirmative and, accordingly, deny Whittington's petition for writ.
I. BACKGROUND
Defendants Daoang, Lau, and Nakata, were arrested for DUI on May 25, 1990, June 10, 1990, and July 30, 1990, respectively, each being charged pursuant to HRS § 291-4 with a first-offense DUI violation. Relying on State v. O'Brien, 68 Haw. 39, 704 P.2d 883 (1985), they each requested jury trials, and accordingly, the cases were transferred to the First Circuit Court. While their jury trials were pending, the prosecution, on June 25, 1993, filed motions for remand to the district court. As previously noted, the trial court issued findings of fact and reserved the two aforementioned questions.
Whittington was arrested for first-offense DUI sometime before May 4, 1993. On May 4, 1993, he demanded a jury trial; however, the district court denied his demand and set the case for a bench trial. Whittington subsequently filed his petition for writ, which we consolidated with No. 17317 because our Disposition of the reserved questions would also dictate the Disposition of Whittington's petition.
The defendants are not alone in awaiting jury trials. The trial court found that as of July 30, 1993, 3,375 jury trial-DUI cases were pending in the First Circuit Court, although not all involve first-time offenders. The court also found that one First Circuit courtroom is primarily
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Hawaii DUI Attorneys
DUI Lawyers
|