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STATE v. MILLER

No. 8902.

671 P.2d 1037 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Annie B. MILLER, also known as Annie B. Mayes, and James Edward Miller, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

November 2, 1983.

Attorney(s) appearing for the Case

Thomas Pico, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Joseph Dubiel, Sunset Beach, for defendant-appellee Annie B. Miller.

Marcia Waldorf, Deputy Public Defender, Honolulu, for defendant-appellee James Edward Miller.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

The State appeals the lower court's dismissal with prejudice of Count I of a two-count indictment. The issue is whether the lower court erred when it decided that Hawaii's speedy trial rule, Rule 48 of the Hawaii Rules of Penal Procedure (HRPP), mandated dismissal of Count I. We find error and reverse.

On April 29, 1981, defendants Annie B. Miller (Mrs. Miller) and Edward Miller (Mr. Miller) were indicted for assault in the first degree...

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