State v. Young3/30/2005
FOR PUBLICATION
The plaintiff-appellant State of Hawaii [hereinafter, "the prosecution"] challenges the findings of fact (FOFs) and conclusions of law (COLS) of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, and appeals from the January 17, 2003 order granting the defendant-appellee Markham G.K. Young's motion to dismiss the indictment.
On appeal, the prosecution contends: (1) that the circuit court abused its discretion when it dismissed the indictment against Young, inasmuch as the prosecution properly charged him under the statutes that were in effect on the date Young allegedly committed the offense; and (2) that, assuming arguendo Counts I and II of the indictment incorrectly cited HRS §§ 291-4.4 (Supp. 2000) and 291-4.5 (1993 & Supp. 2000), dismissal of the indictment was nevertheless improper, inasmuch as any error was a "formal defect that did not prejudice or mislead [Young] to his prejudice."
Pursuant to this court's published decision in State v. Domingues, 2005 WL 407652 (February 22, 2005), holding that "HRS § 291E-61, which relates to operating a vehicle under the influence of an intoxicant, substantially reenacted HRS § 291-4.4, which pertained to the offense of habitually driving under the influence of intoxicating liquor or drugs[,]" slip op. at 5, we vacate the circuit court's order with respect to Count I.
We further hold that, as to the description of the offense, HRS § 291E-62 (Supp. 2004), which relates to operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, substantially reenacted HRS § 291-4.5, which pertained to driving after license suspended or revoked for driving under the influence of intoxicating liquor.
Accordingly, we vacate the circuit court's order dismissing the indictment against Young, including Counts III and IV, see infra note 4, and remand the present matter to the circuit court for further proceedings.
I. BACKGROUND
On November 13, 2002, an Oahu grand jury returned an indictment against Young charging him with the following offenses: (1) habitually driving under the influence of intoxicating liquor or drugs (Count I), in violation of HRS § 291-4.4, see supra note 1; (2) driving after license revoked for driving under the influence of intoxicating liquor (Count II), in violation of HRS § 291-4.5, see supra note 2; (3) non-compliance with speed limit prohibited (Count III), in violation of HRS § 291C-102 (1993); and (4) operation of a vehicle without a certificate of inspection (Count IV), in violation of HRS § 286-25 (1993). The indictment alleged that Young committed the foregoing offenses on or about December 27, 2001.
On December 17, 2002, Young filed a motion to dismiss indictment, arguing that the offenses alleged in Counts I and II were based upon violations of HRS §§ 291-4.4 and 291-4.5, statutes that had both been repealed as of the date of his indictment.
On January 7, 2003, the circuit court conducted a hearing on Young's motion to dismiss. At the conclusion of the hearing, the circuit court orally ruled that Young "was charged under a statute that has since been repealed[,] and its replacement is not a substantial reenactment of the prior statute[,] and on that basis[,] the court will grant the motion to dismiss the indictment."
On January 17, 2003, the circuit court issued the following FOFs, COLs, and order granting Young's motion to dismiss:
FINDINGS OF FACTS
1. [Young] was indicted for the instant charges on November 13, 2002.
2. In Count I, Habitually Driv
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