State v. Apollonio.

Opinion of the Court by

ACOBA, J.

We hold that because the charge of Excessive Speeding, Hawaii Revised Statutes (HRS) § 291C-105(a)(l) (Supp.2010), against Petitioner/Defendant-Appellant Ricardo Apollonio (Petitioner) did not allege that Petitioner acted intentionally, knowingly, or recklessly it failed to allege the requisite state of mind. State v. Nesmith, 127 Hawai'i 48, 56, 276 P.3d 617, 625 (2012). Therefore, for the reasons stated herein, we vacate the August 22, 2012 judgment of the ICA, which affirmed the August 23, 2011 Notice of Entry of Judgment and/or Order and Plea/Judgment of…