STATE v. YOON

No. 8328.

662 P.2d 1112 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Robert YOON, Defendant-Appellee.

Supreme Court of Hawaii.

April 18, 1983.


Attorney(s) appearing for the Case

Shirley Smith, Deputy Pros. Atty., Honolulu, on briefs, for plaintiff-appellant.

Arthur K. Trask, Jr., Deputy Public Defender, Honolulu, on brief, for defendant-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and AU, Circuit Judge, assigned by reason of vacancy.


NAKAMURA, Justice.

The question posed by the State of Hawaii's appeal from the dismissal of an indictment against Robert Yoon is whether the offenses charged therein were covered by an earlier plea bargain. The Circuit Court of the First Circuit found they were on the basis of evidence presented by the prosecutors who negotiated the agreement. Since we cannot say the court clearly erred, we affirm the order dismissing the indictment.

I.

The plea...

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