State v. Maganis

Opinion of the Court by

DUFFY, J.

On October 18, 2002, the Circuit Court of the First Circuit, the Honorable Reynaldo D. Graulty presiding, granted the motion of Pe titioner/Defendanb-Appellee Shanelle Magan-is to dismiss Count II of the Amended Complaint, finding that there was no probable cause to arrest Maganis for Unauthorized Control of a Propelled Vehicle (UCPV) in violation of Hawai'i Revised Statutes (HRS) § 708-836 (Supp.2001). 1 On September 8, 2005, the Intermediate Court of Appeals (ICA) issued a published opinion reversing the circuit court, concluding that probable cause existed.…