State v. Clemente

Opinion of the Court by

NAKAMURA, C.J.

Based on a mistaken belief that a critical witness would not be appearing, the trial court dismissed, with prejudice, charges against Defendant-Appellee Drew Clemente (Clemente) for operating a vehicle under the influence of an intoxicant (OVUII) and speeding. After the mistake was discovered and the witness arrived on time, Plaintiff-Appellant State of Hawai'i (State) orally moved that the trial court reconsider its dismissal of the charges. The trial court denied the State’s motion and subsequently filed a written decision. The trial court concluded it…