STATE v. ENGLISH

No. 9872.

705 P.2d 12 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. John Basilio Puaaloha ENGLISH, aka John Bacilo English and John Basilio English, Defendant-Appellant.

Supreme Court of Hawaii.

July 26, 1985.


Attorney(s) appearing for the Case

John Thompson, Honolulu (Jeff L. Hossellman, Honolulu, on the briefs; Schweigert & Associates, Honolulu, of counsel), for defendant-appellant.

Peter Van Name Esser, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before NAKAMURA, ACTING C.J., PADGETT, HAYASHI, and WAKATSUKI, JJ., and HEEN, Intermediate Appellate Court Associate Judge, in place of LUM, C.J., recused.


NAKAMURA, Justice.

Rule 48(b) of the Hawaii Rules of Penal Procedure (HRPP) mandates the dismissal of a charge if trial is not commenced within prescribed time limits.1 The question is whether these limits were breached in the prosecution of John English for Robbery in the First Degree. The Circuit Court of the First Circuit held they were not; we conclude they were.

I.

English...

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