State v. Brandimart

OPINION OF THE COURT BY

WAK.ATSUK.I. J

The State appeals the order granting the defendant’s motion to suppress and the order denying the State’s motion for reconsideration. The dispositive issue is whether the thirty (30) day requirement for filing a notice of appeal is tolled by the State’s motion for reconsideration. We answer in the negative.

1

Defendant-appellee Michael P. Brandimart was arrested and charged with committing the offense of Promoting Detrimental Drugs in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 712-1248 (1976). Defendant filed a motion to suppress…