State v. McElroy

Opinion of the Court by

MOON, C.J.

On August 2, 2004, this court granted the application for writ of certiorari by petitioner-appellee State of Hawai'i (the prosecution), wherein it requests that this court review the June 29, 2004 published opinion of the Intermediate Court of Appeals (ICA) vacating Jason McElroy’s June 7, 2002 judgment of conviction and sentence by the Circuit Court of the First Circuit, the Honorable Richard K. Perkins presiding. The prosecution contends that the ICA erred in holding that a mistake or error by the deputy prosecuting attorney [hereinafter, trial DP A]…