State v. Nicol.

OPINION OF THE COURT BY

POLLACK, J.

Donald Nicol was charged in the Circuit Court of the First Circuit (circuit court) with multiple counts of sexual assault. Due to pretrial delay, the circuit court dismissed the case without prejudice pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 48 (2012) and the three-factor analysis of State v. Estencion, 63 Haw. 264, 625 P.2d 1040 (1981). Nicol appealed the circuit court’s order to the Intermediate Court of Appeals (ICA), arguing that the circuit court erred in dismissing the case without prejudice, thereby permitting reprosecution of the…