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STATE v. KEKUEWA

No. 27248.

163 P.3d 1148 (2007)

STATE Of Hawai`i, Plaintiff-Appellee-Petitioner, v. Philip Kala KEKUEWA, Defendant-Appellant-Respondent.

Supreme Court of Hawai`i.

July 31, 2007.

Attorney(s) appearing for the Case

Brian R. Vincent, Deputy Prosecuting Attorney, for Plaintiff-Appellee-Petitioner on the application and supplemental brief.

Taryn R. Tomasa, Deputy Public Defender, for Defendant-Appellant-Respondent on the supplemental brief.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and ACOBA, J., concurring and dissenting.

Opinion of the Court by NAKAYAMA, J.

Plaintiff-Appellee-Petitioner, State of Hawai`i ("prosecution"), petitions this court to review the Intermediate Court of Appeals' ("ICA") August 23, 2006 judgment reversing the March 22, 2005 judgment of the first circuit district court ("district court") convicting defendant-appellant-respondent, Philip Kala Kekuewa, III ("Kekuewa"), of the offenses of Operating a Vehicle Under the Influence of an Intoxicant ("OVUII"), in violation...

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