NOT F()R PUBI_.ICA'I`ION IN WEST'S H’AWAI‘I REPORTS AND PACIFIC REPOR'I`IEI{
,"~».)
ff"‘..fv$
No. 29v69 §§
m»:~»:.@=g
:N ran :NTsRMsDIATs coURT oF APPEALs §§ “;
;M fm
0F THE sTATE 0F HAwAifL nw ;;
_* wm §
*<;f:»“~
sTATE oF HAwAi%1, P1a1ncifi»Appe11e@, v. ky §§
MICAH R. IKEDA, Defendant~Appellant ""
APPEAL FROM THE DISTRICT COURT OF THE FIRST ClRCUIT
HONOLULU DIVISION
(CASE NO. lDTA-08-lO368)
SUMMARY DISPOSITION ORDER
(By: Nakamura, Chief Judge, Leonard, J.,
and Circuit Court Judge Chang, in place of
Foley and Fujise, JJ., all recused)
Defendant~Appellant Micah Reiko Ikeda (Ikeda) appeals
from the Judgment entered on March ll, 2009, in the District
Court of the First Circuit, Honolulu Division (District Court).W
Ikeda was convicted of Operating a vehicle Under the Influence of
an Intoxicant, in violation of Hawaii Revised Statutes (HRS)
§ 291E-61(a) and (b) (supp. 2009) (0vUII>.
On appeal, Ikeda contends the District Court erred by
denying his Motion to Dismiss the charge because the written
complaint failed to state an essential element of the offense,
i.e , that Ikeda operated or assumed actual physical control of a
vehicle upon a public way, street, road, or highway.
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
the arguments advanced and the issues raised by the parties, we
resolve Ikeda's point of error as follows:
"[T]he operation of a vehicle on a public way, street,
road, or highway is an attendant circumstance of the offense of
OVUII, and is therefore an element of the offense." State v.
The Honorable William A. Cardwell presided.
NOT FOR PL’BLICA'I`ION IN WEST'S I~IAWAI°I RBPORTS AND P.ACIFIC RJSP()R'I`E!Z
Wheeler, 121 HaWaFi 383, 393, 219 P.3d ll70, 1180 (2009). The
failure to allege that Ikeda was driving a vehicle upon a public
way, street, road, or highway at the time of the offense rendered
the charge deficient. ld¢
Therefore, the District Court’s March ll, 2009 Judgment
is vacated and this case is remanded to the District Court for
dismissal of the OVUII charge without prejudice.
DATED: Honolulu, HawaFi, February 25, 20lO.
On the briefs:
Earle A. Partington <;
@€¢él
for Defendant~Appellant Chief J dgey
.-/”
Donn Fudo
Deputy Prosecuting Attorney
for Plaintiff-Appellee
Acti Associate Ju ge