State v. Ahakuelo

OPINION OF THE COURT BY

HEEN, J.

Defendant Benjamin P. Ahakuelo, Jr. (Defendant) appeals from the sentence imposed upon him pursuant to Hawaii Revised Statutes (HRS) § 291-4(a)(2) ([982 and 1983 Supp.) 1 after his sec ond conviction of the offense of operating a motor vehicle while under the influence of intoxicating liquor (DUI). Defendant contends that the trial court erred in sentencing him as a repeat offender pursuant to the cited statute. We agree and remand for resentencing on the second conviction only.

Defendant was charged with two separate offenses of DUI which occurred on February…