State v. Walker

RECKTENWALD, C.J.,

Concurring in the Result, in which NAKAYAMA, J., joins.

I concur in the result, but write separately since I believe that Walker’s Habitually Operating a Vehicle Under the Influence of an Intoxicant (HOVUII) charge adequately alleged the lesser-ineluded offense of Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in light of our holding in State v. Tominiko, 126 Hawai'i 68, 266 P.3d 1122 (2011).

I agree that Walker’s HOVUII charge did not allege that his conduct took place “upon a public way, street, road or highway” (the “public road requirement”). Hawai'i…