 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Ilalio4/4/2005
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
By its June 10, 2003 notice, Plaintiff-Appellee State of Hawaii (the prosecution) appeals from the May 29, 2003 order of the circuit court of the first circuit (the court) dismissing the December 3, 2002 indictment charging Defendant-Appellee James Paul Ilalio, also known as Lopaki Sakalia and Vitti Ilalaio (Defendant) with Count I, habitually driving under the influence of intoxicating liquor or drugs, Hawaii Revised Statutes (HRS §§ 291-4.4(a)(2) (Supp. 2000) and/or 291-4.4(a)(2) (Supp 2000) and Count II, driving after license suspended or revoked for driving under the influence of intoxicating liquor, HRS § 291-4.5 (1993 & Supp. 2000). On appeal the prosecution argues, inter alia that, as to HRS §§ 291-4.4(a)(1) and -4.4(a)(2) and HRS§ 291-4.5, "the trial court abused its discretion when it dismissed the indictment as the [prosecution] properly charged Defendant under the statutes that were in effect at the time Defendant committed the offenses in question." State v. Dominguez, --- Hawaii ---, ---, 107 P.3d 409, 411 (2005), held that HRS § 291-4.4 (Supp. 1999) was substantially re-enacted in HRS § 291E-61 (Supp. 2001) and is dispositive of Count I. State v. Young, No. 25610, slip op. at 3-4 (Mar. 30, 2005), held that HRS § 291-4.5 (1993 & Supp. 2000) was substantially re-enacted in HRS § 291E-62 (Supp. 2004) and is dispositive of Count II. Therefore,
In accordance with Hawaii Rules of Appellate Procedure Rule 35, and after carefully reviewing the record and the briefs submitted by the parties, and duly considering and analyzing the law relevant to the arguments and issues raised by the parties,
IT IS HEREBY ORDERED that the court's order filed on May 29, 2003, from which the appeal is taken, is vacated with respect to Count I and vacated with respect to Count II, and the case remanded to the court in accordance with this order.
DISSENTING OPINION BY ACOBA, J., WITH WHOM NAKAYAMA, J., JOINS
For the reasons stated in the dissenting opinions in Domingues and Young, I respectfully disagree with the summary disposition order.
Page 1 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|