State v. Rivera

The State charged Defendant, a native Hawaiian, of operating a vehicle under the influence of an intoxicant (OVUII). Defendant appealed, arguing, among other things, that he was denied due process because the complaint did not allege the state of mind that the State was required to prove for the charge of OVUII. The intermediate court of appeals (ICA) affirmed Defendant’s conviction. The Supreme Court vacated the ICA’s judgment and vacated the circuit court’s judgment of conviction and sentence, holding that, inasmuch as the charge against Defendant did not allege the requisite state of mind that also was an essential fact of the offense of OVUII, the complaint must be dismissed without prejudice. Remanded with instructions to dismiss. View "State v. Rivera " on Justia Law