State v. Ngo.

Opinion of the Court by

ACOBA, J.

We hold that in the indictment against Petitioner/Defendant-Appellee Christ V. Ngo (Petitioner) charging him with the offense of Accidents Involving Death or Serious Bodily Injury, Hawaii Revised Statutes (HRS) § 291C-12 1 (Supp.2007), Respondent/Plaintiff-Appellee State of Hawai'i (Re spondent) failed to allege the requirements of HRS § 291C-14(a) and (b), 2 and under the circumstances of this ease, Petitioner was prejudiced by this defect in the indictment. Consequently, this ease must be dismissed without prejudice. We therefore vacate the April 5, 2012…