State v. Young

Opinion of the Court by

LEVINSON, J.

•The plaintiff-appellant State of Hawai'i [hereinafter, “the prosecution”] challenges the findings of fact (FOFs) and conclusions of law (COLS) of the circuit court of the first circuit, the Honorable Sandra A Simms presiding, and appeals from the January 17, 2003 order granting the defendant-appellee Markham G.K. Young’s motion to dismiss the indictment.

On appeal, the prosecution contends: (1) that the circuit court abused its discretion when it dismissed the indictment against Young, inasmuch as the prosecution properly charged him under the statutes that…