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STATE v. DAVIS

No. SCWC-12-0000074.

324 P.3d 912 (2014)

133 Haw. 102

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Terry J. DAVIS, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

February 26, 2014.

Attorney(s) appearing for the Case

John M. Tonaki and Taryn R. Tomasa, for petitioner.

Keith M. Kaneshiro, Honolulu, and Brian R. Vincent, for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, and POLLACK, JJ., with ACOBA, J., Concurring.

Opinion of the Court by POLLACK, J.

Terry Davis was convicted by the District Court of the First Circuit (district court) of operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, in violation of Hawai`i Revised Statutes (HRS) §§ 291E-62(a)(1) and/or (2) (2007).

On appeal, the Intermediate Court of Appeals (ICA) vacated the district court judgment, concluding that...

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