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Schwartz v. State

Intermediate Court of Appeals of Hawai'i

November 27, 2013

SANDRA KAY SCHWARTZ, Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent-Appellee

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter

APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT LAHAINA DIVISION. DC-S.P. NO. 10-1-0005; CASE NO. 2DTA-08-00292.

On the briefs: Hayden Aluli, for Petitioner-Appellant.

Renee Ishikawa Delizo, Deputy Prosecting Attorney, County of Maui, for Respondent-Appellee.

Foley, Presiding Judge, Fujise and Reifurth, JJ.

OPINION

SUMMARY DISPOSITION ORDER

Petitioner-Appellant Sandra Kay Schwartz (" Schwartz" ) appeals from the Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief, filed on November 3, 2010 (" Order" ), in the District Court of the Second Circuit, Lahaina Division (" District Court" ).[1]

On appeal, Schwartz contends that (1) the District Court lacked jurisdiction because the complaint failed to allege an essential element of the offense of OVUII, and (2) Wheeler did not announce a new constitutional rule of criminal procedure.

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 affirm the Order on the basis explained today in our decision in Christian v. State, No. CAAP-11-0000147, 131 Haw. 153, 315 P.3d 779, (Haw. Ct. App. Nov. 27, 2013).

THEREFORE,

IT IS HEREBY ORDERED THAT the Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief, filed on November 3, 2010 in the District Court of the Second Circuit, Lahaina Division, is affirmed.


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