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STATE v. VIERRA

No. 27508.

188 P.3d 773 (2008)

STATE of Hawai`i, Plaintiff-Appellee, v. Mariann Uilani VIERRA, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Corrected July 18, 2008.

Attorney(s) appearing for the Case

Henry P. Ting, Deputy Public Defender, on the briefs, for Defendant-Appellant.

Sonja P. McCullen, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

NAKAMURA and LEONARD, JJ.; and FOLEY, Presiding Judge, Dissenting.

Opinion of the Court by NAKAMURA, J.

Defendant-Appellant Mariann U. Vierra (Vierra) was sentenced as a persistent repeat offender of the offense of driving without a license (DWOL). Under HRS § 286-136(b) (Supp.1996), "[a]ny person who is convicted" of DWOL is subject to an enhanced penalty "if the person has two or more prior convictions for the same offense in the preceding five[-]year period." This appeal turns on how to measure "the preceding five[-]year...

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