State v. Oughterson

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant State of Hawaii (the prosecution) appeals from an order of the first circuit court granting the defendant-appellee Scott Oughterson’s motion for reconsideration of the circuit court’s order denying his motion to dismiss count 1 of the complaint against him,1 in which Oughterson was charged with committing the offense of promoting a dangerous drug in the third degree, in violation of Hawai‘i Revised Statutes (HRS) § 712-1243 (1993).2 On appeal, the prosecution contends that the circuit court, Honorable John C. Bryant, Jr. presiding,…