State v. Shinyama

Opinion of the Court by

LEVINSON, J.

We granted the plaintiff-appellee-petitioner State of Hawaii’s [hereinafter, “the prosecution’s”] application for a writ of certiorari in order to review the summary disposition order of the Intermediate Court of Appeals (ICA) in State v. Shinyama, 97 Hawai'i 570, 40 P.3d 972 (Haw.Ct.App. 2002) [hereinafter, “the ICA’s decision”]. The ICA’s decision vacated the judgment of the second circuit court, the Honorable Shackley F. Raffetto presiding, convicting Shinyama of and sentencing him for the offense of second degree theft by shoplifting, in violation of…