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State v. Young7/26/1990
rdict finding Defendant guilty of Count II, but was unable to reach a verdict as to Count I. On the same day, the court sentenced Defendant and declared a mistrial as to Count I. On June 2, 1989, the court denied Defendant's oral motion to dismiss Count I with prejudice.
Thereafter, on July 27, 1989, Grindles was decided. In Grindles , the supreme court held that "HRS § 291-4(a) provides two alternative means of proving the single offense of driving while under the influence of intoxicating liquor." Id. at 531, 777 P.2d at 1190 (footnote omitted).
In the case at bar, although the complaint consisted of two counts, consistent with Grindles , only one offense was charged. The jury found Defendant guilty of Count II, one of the alternative means of proving DUI, which we are affirming. Therefore, Count I, the other alternative means of proving DUI, which ended in a mistrial, is irrelevant and a nonissue.
Accordingly, Defendant's appeal on this point is moot.
Conclusion
Finding no reversible errors, we affirm.
Disposition
Affirmed.
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