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STATE v. CASPINO

No. 15294.

831 P.2d 1334 (1992)

STATE of Hawaii, Plaintiff-Appellee, v. Brian William CASPINO, Defendant-Appellant.

Supreme Court of Hawaii.

June 5, 1992.

Attorney(s) appearing for the Case

Dan S. Ikehara, on the brief, Wahiawa, for defendant-appellant.

James H.S. Choi, Deputy Pros. Atty., on the brief, Honolulu, for plaintiff-appellee.

Before LUM, C.J., WAKATSUKI, KLEIN and LEVINSON, JJ., and SOONG, Circuit Judge, in place of MOON, J., Recused.

KLEIN, Justice.

In a memorandum opinion dated January 15, 1992, 825 P.2d 73, the Intermediate Court of Appeals (ICA) affirmed defendant's conviction of Harassment, Hawaii Revised Statutes (HRS) § 711-1106(1)(a) (1985) and Resisting Arrest, HRS § 710-1026(1)(a) (1985). We granted certiorari on February 14, 1992 to review the ICA's legal conclusion excluding the 104 day period between March 27, 1990 and July 9, 1990 from the operation of Rule 48, Hawaii

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