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STATE v. LEATIOTA

No. 11572.

739 P.2d 930 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Solipo F. LEATIOTA, Defendant-Appellant.

Supreme Court of Hawaii.

July 7, 1987.

Attorney(s) appearing for the Case

P. Gregory Frey (Stuart M. Cowan, on the briefs; Cowan & Frey, of counsel), Honolulu, for defendant-appellant.

G. Cher Foerster, Deputy Pros. Atty., Office of the Pros. Atty., Honolulu, for plaintiff-appellee.

NAKAMURA, Acting C.J., PADGETT, HAYASHI, WAKATSUKI, JJ., and intermediate court of appeals Associate Judge HEEN, in place of LUM, C.J., recused.

PADGETT, Justice.

This is an appeal from a conviction for driving under the influence (DUI) (HRS § 291-4(a)(1)). Appellant contends that because of delays in trying him, he was denied a right to a speedy trial and that the case should have been dismissed pursuant to HRPP 48(b), which provides in part:

Except in the case of traffic offenses, the court shall, on motion of the defendant, dismiss the charge, with or without prejudice in its discretion, if...

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