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STATE v. BALAURO

No. 14964.

828 P.2d 267 (1992)

STATE of Hawaii, Petitioner-Appellee, v. Valentin BALAURO, Respondent-Appellant.

Supreme Court of Hawaii.

March 19, 1992.

Attorney(s) appearing for the Case

Daryl Dobashi, Lihue, for respondent-appellant.

John C. Calma, Deputy Pros. Atty., County of Kauai, Lihue, for petitioner-appellee.

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

LUM, Chief Justice.

This case comes to us by way of an application for a writ of certiorari to review the Intermediate Court of Appeals' (ICA) memorandum opinion, State v. Balauro, 821 P.2d 318 (1991). The ICA perceived a divergence between our holding in State v. Stone, 65 Haw. 308, 651 P.2d 485 (1982) and Hawaii Rules of Penal Procedure (HRPP) Rule 48. We granted certiorari to clarify the application of HRPP Rule 48...

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