STATE v. HOLT

No. 9309.

684 P.2d 971 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. John Dominus HOLT, Defendant-Appellee.

Supreme Court of Hawaii.

July 18, 1984.


Attorney(s) appearing for the Case

Artemio C. Baxa, Deputy Pros. Atty., County of Maui, Wailuku, for plaintiff-appellant.

Michael K. Tanigawa, Deputy Public Defender, Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


PADGETT, Justice.

This is an appeal by the State from a dismissal of an indictment for delay under Rule 48(b)(1), HRPP. Appellee was charged and, on the date of the preliminary hearing, the charge was dismissed. Eighteen months later, an indictment was issued. The crimes alleged in the charge and in the indictment were the same.

The State contends under Rule 48(c)(6), HRPP, that the eighteen-month delay is excluded from the allowable delay period under Rule...

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