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STATE v. HACKETT

No. 13620.

783 P.2d 1232 (1989)

STATE of Hawaii, Plaintiff-Appellant, v. Stephen James HACKETT, a/k/a Mark La Savio, Jeffery Allan Hackett, and Lisa Estrada, Defendants-Appellees, and Leonard Wayne Ulibarri, also known as Leonard Martin, Thomas Garces, Anthony Dale Barnes, and Ray Adam Batungbacal, Defendants.

Intermediate Court of Appeals of Hawaii.

November 24, 1989.

Attorney(s) appearing for the Case

Gary A. Modafferi, Deputy Prosecuting Attorney, City & County of Honolulu (Wallace W. Weatherwax on the opening brief) Honolulu, for plaintiff-appellant.

Gary Y. Murai and William A. Harrison, Honolulu, for defendant-appellee, Stephen James Hackett.

Chester M. Kanai, Honolulu, for defendant-appellee, Lisa Estrada.

Martin A. Steinberg, Waipahu, for defendant-appellee, Jeffery Allan Hackett.

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

BURNS, Chief Judge.

The State of Hawaii (State) appeals the circuit court's January 17, 1989 order dismissing Counts II and III of the May 17, 1988 indictment (Indictment) against defendants Stephen James Hackett (Stephen), Jeffery Allan Hackett (Jeffery), and Lisa Estrada (Lisa) (collectively Defendants).1 We vacate the January 17, 1989 order and remand for the adjudication of Counts II and III.

The State contends that the lower...

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