State v. Markowski

We hold that the judgment of acquittal entered by the first circuit court (the court) on three counts of terroristic threatening in the first degree, Hawai'i Revised Statutes (HRS) § 707-716(l)(d) (1993), in a complaint filed against Defendant-Appellee Darick R. Markowski (Defendant), did not actually resolve some or all of the factual elements of the counts affected, and, therefore, was not a true acquittal. Thus, Defendant-Appellant State of Hawai'i (the State) could properly appeal from the findings of fact, conclusions of law, and the order which dismissed the same charges but were…