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STATE v. TOMINIKO

No. SCWC-29535.

266 P.3d 1122 (2011)

126 Haw. 68

STATE OF HAWAI`I, Respondent-Plaintiff-Appellee, v. Robert N. TOMINIKO, Petitioner-Defendant-Appellant.

Supreme Court of Hawai`i.

August 26, 2011.

Attorney(s) appearing for the Case

Craig W. Jerome, Deputy Public Defender, (James S. Tabe and Jon N. Ikenaga, Deputy Public Defenders, on the briefs) for petitioner-defendant-appellant.

Brian R. Vincent, Deputy Prosecuting Attorney, on the briefs, for respondent-plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, and DUFFY, JJ., Circuit Judge AYABE, assigned by reason of vacancy, with ACOBA, J., concurring and dissenting separately.

Opinion of the Court by Court NAKAYAMA, J.

Petitioner-Defendant-Appellant Robert N. Tominiko ("Tominiko") asks us to consider whether he was lawfully detained and subsequently charged with operating a vehicle under the influence of an intoxicant. The facts presented at trial show that Tominiko was near an intersection with a gathering of people who were drinking beer and soda. Upon receipt of a complaint, a police officer arrived but did not see Tominiko drinking...

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