STATE v. ESTENCION

No. 7455.

625 P.2d 1040 (1981)

STATE of Hawaii, Plaintiff-Appellant, v. Aaron Ross ESTENCION, Defendant-Appellee.

Supreme Court of Hawaii.

March 31, 1981.


Attorney(s) appearing for the Case

Kenneth K. Fukunaga, Deputy Pros. Atty., Hilo, for plaintiff-appellant.

Anne Randolph, Deputy Public Defender, Honolulu, for defendant-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.


LUM, Justice.

The State of Hawaii appeals from an order of the circuit court dismissing with prejudice the charge of burglary in the second degree (HRS §§ 702-222(1)(b) and 708-811 (1976)) against defendant Aaron Ross Estencion under Rule 48(b),1 Hawaii Rules of Penal Procedure (HRPP). The court ruled that the State had violated Rule 48(b)(1) by failing to bring defendant to trial within...

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