State v. Bikle

OPINION OF THE COURT BY

KIDWELL, J.

The State appeals from an order entered pursuant to HRS § 712-1255 which granted a conditional discharge to the defendant-appellee after a jury-waived trial in which the court found him guilty on four counts of possession of different drugs on the same date. The State seeks to present the contention that a conditional discharge may be granted only to a first-time single offender, and not to a multiple offender as defendant is alleged to be. We hold that the State may not appeal and that the appeal must be dismissed.

Pursuant to HRS § 712-1255, set out in the…