State v. Kam

*282Opinion of the Court by

NAKAMURA, C.J.

Defendant-Appellant Cierra Ann Kam (Kam)1 was convicted of (1) Operating a Vehicle Under the Influence of an Intoxicant (OVUII), as a repeat offender, and (2) Operating a Vehicle After License and Privilege Have Been Suspended or Revoked for Operating a Vehicle Under the Influence of an Intoxicant (OVLPSR-OVUII).

On appeal, Kam contends that the District Court of the First Circuit (District Court)2 erred in permitting Plaintiff-Appellee State of Hawaii (State) to amend the charges against her to allege the required mens rea. Kam relies on a footnote in an…