State v. Deryke

Opinion of the Court by

NAKAMURA, J.

Defendant-Appellant Erik Barend Deryke (Deryke) appeals from the Judgment entered on March 29, 2005, in the District Court of the First Circuit, Kaneohe Division (district court).1 Deryke was charged with 1) Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(l) and (a)(3) (Supp.2001),2 and 2) unsafe changing of lanes, in violation of HRS § 291C-49 (1993). Pursuant to a plea agreement, Deryke entered a conditional plea3 of no contest to the OVUII charge and on that basis was convicted…