State v. Balanza

Opinion of the Court by

NAKAYAMA, J.

Defendant-appellant Robert Balanza appeals his conviction of one count of promoting a dangerous drug in the second degree (Count I), in violation of Hawai’i Revised Statutes (HRS) § 712-1242(l)(c) (1993), one count of unlawful use of drug paraphernalia (Count II), in violation of HRS § 329^3.5(a) (1993), and one count of promoting a dangerous drug in the third degree (Count III), in violation of HRS § 712-1243 (1993 & Supp. 1998). On appeal, Balanza contends that the trial court erred in denying: (1) his motion to dismiss Count III as a de minimis offense;…