State v. Myers

Opinion of the Court by

RAMIL, J.

Defendant-appellant Jerad Myers appeals from a district cotut judgment of conviction for driving under the influence of intoxicating liquor (“DUI”). Myers contends that the district court erred in denying his motion to dismiss the DUI charge following his nonjudicial punishment for the same conduct pursuant to 10 U.S.C. § 815 (2002). The single issue in this case is whether an Article 15 nonjudicial punishment is equivalent to a criminal conviction as defined in Hawai'i Revised Statutes (“HRS”) § 701-110(3) (2001).

We hold that the district court did not err by…