State v. Kahalewai

OPINION OF THE COURT BY

OGATA, J.

Pursuant to HRS § 641-13(1), and H.R.Cr.P., Rule 37(e), the State has appealed from the order which dismissed a misdemeanor complaint against defendant with prejudice. Defendant has cross-appealed insofar as the trial court rejected the other grounds urged below in support of his motion to dismiss. We reverse the order which dismissed the complaint with prejudice, but otherwise affirm the trial court’s disposition of defendant’s motion to dismiss.

Defendant was charged with violating HRS § 712-1250(1) (a), Promoting Intoxicating Compounds (hereinafter referred…