State v. Higa

Opinion of the Court by

NAKAYAMA, J.

Plaintiff-appellant the State of Hawai'i [hereinafter, “the prosecution”] appeals from the March 3, 2000 order of the circuit court of the first circuit, the Honorable Victoria S. Marks presiding, dismissing an indictment against Brandi Higa charging: (1) one count of theft in the second degree, in violation of Hawai'i Revised Statutes (HRS) § 708-831(l)(b) (1993) 1 (Count I); (2) one count of promoting a dangerous drug in the third degree, in violation of HRS § 712-1243 (1993) 2 (Count II); and (3) one count of unlawful use of drug paraphernalia, in…