State v. Crail

Opinion of the Court by

ACOBA, J.

We hold, in this appeal by Defendant-Appellant Darrell Crail (Defendant) from a November 18, 1999 judgment of conviction and sentence for violations of Hawai'i Revised Statutes (HRS) § 712-1243 (Supp.1999) (Count I) and HRS § 329-43.5 (1993) (Count II), that the first circuit court (the court)1 did not err in denying his motion to dismiss for preindictment delay. Contrary to his contentions, we conclude that Defendant did not demonstrate substantial prejudice from his alleged loss of memory or from the loss of potential witnesses and evidence, see State v.…