State v. Ontiveros

MOON, Chief Justice.

Defendant-appellant Frankie A Ontiveros was convicted of Driving Under the Influence of Intoxicating Liquor (DUI), in violation of Hawai'i Revised Statutes (HRS) § 291-4(a) (1993). 1 On appeal, he argues that: (1) his motion to dismiss the DUI charge on grounds of double jeopardy was wrongly denied; and (2) the district court was without jurisdiction to try the DUI charge because a valid notice of appeal of the written order denying the motion to dismiss had been filed prior to trial. We disagree and affirm.

I. BACKGROUND

Ontiveros was arrested on May 3,1995, for DUI; he was…