State v. Ruggiero

*229Opinion by

LEVINSON, J.

The defendant-appellant Adam Ruggiero appeals from the September 30, 2004 judgment and sentence of the district court of the second circuit, the Honorable Douglas H. Ige presiding, convicting him of operating a vehicle under the influence of an intoxicant [hereinafter, “DUI”], in violation of Hawai'i Revised Statutes (HRS) § 291E-61 (Supp.2003), see infra note 10.

On appeal, Ruggiero asserts that the district court erred in sentencing him as a repeat offender, pursuant to HRS § 291E-61(b) and (e), see infra note 10, inasmuch as nine days after his DUI arrest but prior to…