State v. Baranco

RAMIL, Justice.

Defendants-Appellants Victor W. Baranco and Cynthia A. Baranco (collectively Defendants) were indicted by Plaintiff-Appellee State of Hawaii (Prosecution) for promoting a dangerous drug in the second degree in violation of Hawaii Revised Statutes (HRS) § 712-1242(l)(a) (Supp.1992). Following a mistrial, Defendants filed a motion to dismiss the indictment with prejudice, arguing that a retrial would violate their constitutional right against double jeopardy. Defendants appeal the circuit court’s order denying their motion to dismiss the indictment with prejudice. We affirm.

I.…