State v. Tongg
Annotate this CasePetitioner was convicted of one count of operating a vehicle under the influence of an intoxicant (Count I) and one count of accidents involving damage to vehicle or property (Count II). The intermediate court of appeals (ICA) affirmed. Petitioner sought review of the judgment of the ICA, raising a challenge to the sufficient of the complaint with respect to Count II. Specifically, Petitioner claimed that Count II failed to charge a requisite state of mind. The Supreme Court vacated the judgment of the lower courts, holding that inasmuch as Count II of the complaint against Petitioner failed to allege the requisite state of mind, it must be dismissed.
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