State v. Daniels
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Petitioner William Daniels was adjudged guilty of operating a vehicle under the influence of an intoxicant, in violation of Haw. Rev. Stat. 291E-61(a)(1) and (a)(3). The intermediate court of appeals (ICA) affirmed. The Supreme Court affirmed, holding (1) the ICA gravely erred in holding that mens rea need not be alleged in a section 291E-61(a)(1) charge, and therefore, Daniels' section 291E-61(a)(1) charge was deficient for failing to allege mens rea; but (2) insofar as the section 291E-61(a)(3) charge was sufficient, and insofar as Daniels did not challenge the sufficiency of the evidence as to that basis, Daniels' conviction still stood.
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***NOT FOR PUBLICATION IN WEST S HAWAI#I AND PACIFIC REPORTER*** Electronically Filed Supreme Court SCWC-10-0000243 30-APR-2012 08:48 AM NO. SCWC-10-0000243 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ________________________________________________________________ STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. WILLIAM A. DANIELS, JR., Petitioner/Defendant-Appellant. ________________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-10-0000243; CASE NO. 1DTA-10-01712) SUMMARY DISPOSITION ORDER (By: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ.; with Acoba, J., concurring and dissenting) Petitioner William A. Daniels, Jr. ( Daniels ) seeks review of the Intermediate Court of Appeal s November 10, 2011 Judgment on Appeal, entered pursuant to its October 24, 2011 Summary Disposition Order, which affirmed the District Court of the First Circuit s December 8, 2010 Judgment and Notice. The District Court adjudged Daniels guilty of Operating a Vehicle Under the Influence of an Intoxicant, in violation of Hawai#i ***NOT FOR PUBLICATION IN WEST S HAWAI#I AND PACIFIC REPORTER*** Revised Statutes ( HRS ) §§ 291E-61(a)(1) and (a)(3)(2007).1 We accepted Daniels application for writ of certiorari and now affirm the ICA s Judgment on Appeal. On certiorari, Daniels contends that the ICA gravely erred in holding that mens rea need not be alleged in either an HRS § 291E-61(a)(1) or an HRS § 291E-61(a)(3) charge.2 In State v. Nesmith, we recently held that (1) mens rea must be alleged in an HRS § 291E-61(a)(1) charge in order to provide fair notice of the nature and cause of the accusation; and (2) mens rea need not be alleged (or proven) in an HRS § 291E-61(a)(3) charge, as the legislative intent to impose absolute liability for an HRS § 291E-61(a)(3) offense plainly appears. Hawai#i ___, ___ P.3d ____ (2012). State v. Nesmith, ____ Accordingly, the ICA gravely erred in holding that mens rea need not be alleged in an HRS 1 HRS § 291E-61(a) provided, at the time of the alleged offense, the following: A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (1) While under the influence of alcohol in an amount sufficient to impair the person s normal mental faculties or ability to care for the person and guard against casualty; (2) While under the influence of any drug that impairs the person s ability to operate the vehicle in a careful and prudent manner; (3) With .08 or more grams of alcohol per two hundred ten liters of breath; or (4) With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood. 2 merit. The other questions presented in Daniels application are without 2 ***NOT FOR PUBLICATION IN WEST S HAWAI#I AND PACIFIC REPORTER*** § 291E-61(a)(1) charge. Therefore, Daniels HRS § 291E-61(a)(1) charge was deficient for failing to allege mens rea. However, the District Court adjudged Daniels guilty of violating both HRS §§ 291E-61(a)(1) and (a)(3). Subsections (a)(1) and (a)(3) can each serve as the basis for a conviction under HRS § 291E-61. See State v. Grindles, 70 Haw. 528, 530-31, 777 P.2d 1187, 1189-90 (1989); State v. Caleb, 79 Hawai#i 336, 339, 902 P.2d 971, 974 (1995); State v. Mezurashi, 77 Hawai#i 94, 98, 881 P.2d 1240, 1244 (1994). Insofar as the HRS § 291E- 61(a)(3) charge was sufficient, and insofar as Daniels does not challenge the sufficiency of the evidence as to that basis, his conviction still stands. IT IS HEREBY ORDERED that the ICA s Judgment on Appeal is affirmed. DATED: Honolulu, Hawai#i, April 30, 2012. Timothy I. MacMaster for petitioner/ defendant-appellant /s/ Mark E. Recktenwald Keith M. Kaneshiro, Prosecuting Attorney, and Delanie D. Prescott-Tate, Deputy Prosecuting Attorney, for respondent/plaintiffappellee /s/ James E. Duffy, Jr. /s/ Paula A. Nakayama /s/ Sabrina S. McKenna 3
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