State v. Viernes

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant State of Hawaii (the prosecution) appeals from the findings of fact (FOFs), conclusions of law (COLs), and order granting the defendant-appellee Patrick Viernes’s motion to dismiss, filed on January 26, 1999. On appeal, the prosecution contends that the circuit court erroneously dismissed the charge against Viernes of promoting a dangerous drug in the third degree, pursuant to HRS § 712-1243 (1993 & Supp.1998). 1 The prosecution’s argument is untenable. Accordingly, we affirm the circuit court’s order.

I. BACKGROUND

On August 9, 1998,…