State v. Nakano

Opinion of the Court by

RECKTENWALD, C.J.

Daniel S. Nakano was charged with Operating a Vehicle Under the Influence of an Intoxicant (OVUII) in violation of Hawaii Revised Statutes (HRS) §§ 291E-61(a)(l), (a)(3), and (b)(1). Nakano entered a conditional no contest plea as to HRS § 291E-61(a)(1), conditioned on his ability to appeal on the ground that the charge was defective because it did not allege a state of mind. The State consented to the conditional plea. Although Nakano’s written submission of plea form contained a conditional plea only to the HRS § 291E-61(a)(l) method of proof, the…