STATE v. BARANCO

No. 16911.

884 P.2d 729 (1994)

77 Hawai`i 351

STATE of Hawai`i, Plaintiff-Appellee, v. Victor W. BARANCO and Cynthia A. Baranco, Defendants-Appellants.

Supreme Court of Hawai`i.

November 15, 1994.


Attorney(s) appearing for the Case

Peter C. Wolff, Jr. of Hart & Wolff, Honolulu, for defendants-appellants.

Don Fudo, Deputy Prosecuting Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.


RAMIL, Justice.

Defendants-Appellants Victor W. Baranco and Cynthia A. Baranco (collectively Defendants) were indicted by Plaintiff-Appellee State of Hawai`i (Prosecution) for promoting a dangerous drug in the second degree in violation of Hawai`i Revised Statutes (HRS) § 712-1242(1)(a) (Supp.1992). Following a mistrial, Defendants filed a motion to dismiss the indictment with prejudice, arguing that a retrial would violate their constitutional right against...

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