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State v. Hill8/27/2002
SUMMARY DISPOSITION ORDER
Defendant-Appellant Daniel Arthur Hill appeals from the April 17, 2000 judgment of the district court of the first circuit, the Honorable Colette Y. Garibaldi presiding, convicting Hill of and sentencing him for the offenses of: (1) Driving Under the Influence of Drugs (DUI DRUG), in violation of Hawaii Revised Statutes (HRS) § 291-7; (2) Failure to Stop at a Stop Sign, in violation of HRS § 291C-63(b); and (3) Driving Without No-Fault Insurance, in violation of HRS § 431: 10C-104.
On appeal, Hill argues that the district court erred by refusing his request for a jury trial.
Upon carefully reviewing the record and briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold that the district court did not err by refusing Hill's request for a jury trial because, pursuant to our decision in State v. Sullivan, 97 Hawaii 259, 36 P.3d 803 (2001), a first-time DUI DRUG offense is a petty offense to which the right to a jury trial does not attach.
IT IS HEREBY ORDERED that the first circuit court's April 17, 2000 judgment of conviction and sentence is affirmed.
Page 1 Hawaii DUI Attorneys
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