State v. Stan's Contracting, Inc.

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant State of Hawaii [hereinafter, “the State” or “the prosecution”] appeals from the August 9, 2002 order of the circuit court of the first circuit, the Honorable Reynaldo D. Graulty presiding, dismissing a two-count theft indictment as time-barred and fatally defective. Count I was filed against the defendants-appellees Stan’s Contacting, Inc. and Roy Shioi [hereinafter, collectively, “Stan’s Contracting”], charging them with theft in the second degree, in violation of Hawaii Revised Statutes (HRS) § 708-831(l)(b) (1993). 1 Count II of…