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STATE v. WALKER

No. 29659.

284 P.3d 905 (2011)

128 Haw. 132

STATE of Hawai`i, Plaintiff-Appellee, v. Samuel WALKER, also known as Samuel Ahsan, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Reconsideration Denied October 18, 2011.

Attorney(s) appearing for the Case

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

James M. Anderson, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellee.

FUJISE and LEONARD, JJ, with NAKAMURA, C.J., dissenting.

Opinion of the Court by FUJISE, J.

Defendant-Appellant Samuel Walker also known as Samuel Ahsan (Walker) appeals from the January 26, 2009 judgment of conviction entered by the Circuit Court of the First Circuit1 (circuit court) for, in Count 1, Habitually Operating a Vehicle Under the Influence of an Intoxicant (HOVUII) in violation of Hawaii Revised Statutes (HRS) § 291E-61.5 (2007 & Supp.2010)2...

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