Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Davis

Intermediate Court of Appeals of Hawaii

August 14, 2013

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
TERRY J. DAVIS, Defendant-Appellant.

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT 'EWA DIVISION (CASE NO. 1DTC-11-032838).

Taryn R. Tomasa Deputy Public Defender for Defendant-Appellant.

Brian R. Vincent Deputy Prosecuting Attorney City and County of Honolulu Associate Judge for Plaintiff-Appellee.

Nakamura, C.J., Reifurth and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Defendant-Appellant Terry J. Davis (Davis) appeals from the Notice of Entry of Judgment and/or Order and Plea/Judgment (Judgment and Order) filed on January 11, 2012 in the District Court of the First Circuit, 'Ewa Division (district court) [1]

Davis was charged by an amended complaint with 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 Hawaii Revised Statutes (HRS) § 291E-62(a)(1) and/or (a)(2) (Supp. 2011).

After the charge against Davis was read, Davis moved to dismiss the case because the charge was insufficient for failing to include a state of mind allegation.

The motion was denied and Davis was found guilty as charged after trial.

On appeal, Davis contends:

(1) the State failed to adduce sufficient evidence to support the conviction because there was insufficient evidence (a) that Davis operated a vehicle on a public, way, street, or highway; (b) to connect Davis to Exhibit 1, the Judgment of Conviction and Probation Sentence in Cr. No. 06-1-0933; (c) to establish that Davis was the individual sentenced to a driver's license revocation, suspension, or restriction; (d) to establish that on July 22, 2011, Davis intentionally, knowingly, or recklessly operated a vehicle while his driver's license had been revoked, suspended, or restricted; (e) to establish that Davis' driver's license was revoked, suspended or restricted pursuant to the applicable statutes on July 22, 2011; (f) to establish that Davis' operation of the vehicle on July 22, 2011 was in violation of the restrictions placed on his driver's license; (g) to establish that Davis was subject to sentencing for a second offense in a five-year period;
(2) the District Court erred by admitting Exhibit 1 because it was not properly certified and thus not self-authenticating;
(3) double jeopardy precludes a retrial on the same charge;
(4) assuming arguendo that there is sufficient evidence to sustain the conviction, State v. Nesmith, 127 Hawai'i 48, 276 P.3d ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.