State v. Cenido

Opinion of the Court by

KIRIMITSU, J.

Plaintiff-Appellant State of Hawai'i (the State) appeals the First Circuit Court’s February 18, 1998 Findings of Fact, Conclusions of Law, and Order Granting the Motion for a Dismissal of the Indictment for Violation of [Hawai'i Rules of Penal Procedure (HRPP) ] Rule 48 Without Prejudice (Dismissal Order). The State argues that the circuit court erroneously concluded that Defendant-Appellee Terrence Ceñido (Defendant) had not been “released outright” when he was released pending investigation but returned to the custody of the Department of Public Safety…