FROM THE DISTRICT COURT OF THE FIRST CIRCUIT 'EWA
DIVISION (CASE NO. lDTA-17-01657)
Stuart Brower, for Defendant-Appellant.
Loren J. Thomas, Deputy Prosecuting Attorney, City and County
of Honolulu, for Plaintiff-Appellee.
GINOZA, CHIEF JUDGE, FUJISE and CHAN, JJ.
Suzanne Satomi Chin-Yin Otani (Otani)
appeals from a June 13, 2017 "Notice of Entry of
Judgment and/or Order and Plea/Judgment"
(Judgment), entered by the District Court of
the First Circuit, 'Ewa Division (District
Court).The District Court convicted Otani of one
count of Operating a Vehicle Under the Influence of an
Intoxicant (OVUII), in violation of Hawaii
Revised Statutes (HRS) § 29lE-6l(a)(1),
sentenced her to, among other things, a forty-eight hour term
of imprisonment, pursuant to HRS'§ 291E-61(b)(4).
appeal, Otani argues the District Court abused its discretion
in sentencing her to imprisonment under HRS § 291E-61
(b) (4), because the District Court did not also sentence her
to imprisonment under HRS § 291E-61(b)(1)(C)(ii).
reasons discussed below, we affirm the Judgment.
was convicted for OVUII while driving with a passenger under
the age of fifteen in the vehicle. The offense occurred on
April 7, 2017. It was Otani's first OVUII offense.
§ 291E-61(b) (Supp. 2017) provides, in relevant part:
(b) A person committing the offense of operating a vehicle
under the influence of an intoxicant shall be sentenced
without possibility of probation or suspension of sentence as
(1) For the first offense, or any offense not
preceded within a five-year period by a conviction for an
offense under this section or section 29lE-4(a):
(A) A fourteen-hour minimum substance abuse rehabilitation
program, including education and counseling, or other
comparable program deemed appropriate by the court;
(B) One-year revocation of license and privilege to operate a
vehicle during the revocation period and installation during
the revocation period of an ignition interlock device on any
vehicle operated by the person;
(C) Any one or more of the following:
(i) Seventy-two hours of community service work;
(ii) Not less than forty-eight hours and not more than
five days of imprisonment; or
(iii) A fine of not less than $150 but not more than $1, 000;
(D) A surcharge of $25 to be deposited into the neurotrauma
special fund; and
(E) A surcharge, if the court so orders, of up to $25 to be
deposited into the trauma system special fund;
(2) For an offense that occurs within five years of a prior
conviction for an offense under this section-or section
(3) For an offense that occurs within five years of two prior
convictions for offenses under this section or section 291E-4
(4) In addition to a sentence imposed under paragraphs
(1) through (3), any person eighteen years of age or older
who is convicted under this section and who operated a
vehicle with a passenger, in or on the vehicle, who was
younger than fifteen years of age, shall be sentenced to an
additional mandatory fine of $500 and an additional mandatory
term of imprisonment of forty-eight hours; provided that
the total term of imprisonment for a person convicted under
this paragraph shall not exceed the maximum term of
imprisonment provided in paragraph (1), (2), or (3), as
applicable. Notwithstanding paragraphs (1) and (2), the
revocation period for a person sentenced under this paragraph
shall be not less than two years[.]
sentencing, the District Court and counsel engaged in ...