State v. Domingues

The plaintiff-appellant State of Hawai'i [hereinafter, “the prosecution”] appeals from the order of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, entered on June 21, 2002, dismissing without prejudice the indictment against the defendant-appellee Kyle Evan Domingues.

On appeal, the prosecution contends: (1) that the circuit court erred in dismissing the indictment against Domingues, inasmuch as the prosecution properly charged Domingues under the statute that was in effect on the date Domingues allegedly committed the offense, (2) that Hawai'i Revised…