State v. Garcia

Opinion of the Court by

ACOBA, J.

We hold that Plaintiff-Appellant State of Hawai'i (the prosecution) has not demonstrated any compelling justification for overruling Gray v. Administrative Director of the Court, State of Hawai‘i, 84 Hawai'i 138, 931 P.2d 580 (1997), and State v. Wilson, 92 Hawai'i 45, 987 P.2d 268 (1999), especially in light of the legislative adoption in Hawai'i Revised Statutes (HRS) § 286-261(b). (Supp. 2000) of the Gray rationale. We hold, further, that the holding in Wilson must be applied retroactively to all other similarly situated defendants whose cases were not final…