NO. 26823

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I


STATE OF HAWAI‘I, Plaintiff-Appellee, v.

LUTHER S. WILLIAMS, Defendant-Appellant



APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(HPD Traffic No. 003367800)



SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Lim and Nakamura, JJ.)

Luther Santoria Williams (Defendant) appeals the September 13, 2004 judgment of the District Court of the First Circuit (district court) (1) that convicted him of driving under the influence of an intoxicant.

After a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we conclude (1) there was substantial evidence to support the conclusion of the trier of fact, State v. Richie, 88 Hawai‘i 19, 33, 960 P.2d 1227, 1241 (1998); hence, (2) the district court did not offend Defendant's due process rights.

Therefore,

IT IS HEREBY ORDERED that the September 13, 2004 judgment of the district court is affirmed.

DATED: Honolulu, Hawai‘i, November 16, 2005.


On the briefs:
Earle A. Partington
for Defendant-Appellant.

Ryan Yeh,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.


1. The Honorable William Cardwell presided.