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STATE v. COYASO

No. 15426.

832 P.2d 737 (1992)

STATE of Hawaii, Plaintiff-Appellant, v. Richard Rosendo COYASO, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted February 10, 1992.

Attorney(s) appearing for the Case

Ricky Roy Damerville, Deputy Pros. Atty., County of Hawaii, on the briefs, Hilo, for plaintiff-appellant.

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the brief, Honolulu, for defendant-appellee.

Before BURNS, C.J., HEEN, J., and CRANDALL, Circuit Judge, assigned by reason of vacancy.

HEEN, Judge.

The State appeals from the April 30, 1991 order of the circuit court dismissing with prejudice the charge of Assault in the Third Degree, Hawaii Revised Statutes (HRS) § 707-712 (1985), against Defendant-Appellee Richard Rosendo Coyaso (Defendant). We affirm the dismissal; however, we vacate that portion of the order stating that the dismissal is with prejudice and remand with instructions to reconsider...

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