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STATE v. COYASO

No. 15426.

833 P.2d 66 (1992)

STATE of Hawaii, Respondent-Appellant, v. Richard Rosendo COYASO, Petitioner-Appellee.

Supreme Court of Hawaii.

July 17, 1992.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo and Theodore Y.H. Chinn, Deputy Public Defenders, Honolulu, for writ and on the brief, for petitioner-appellee.

Ricky Roy Damerville, Deputy Pros. Atty., Hilo, on answer to writ, for respondent-appellant.

Before LUM, C.J., and WAKATSUKI, MOON, KLEIN and LEVINSON, JJ.

KLEIN, Justice.

We granted certiorari to review the Intermediate Court of Appeals' (ICA) holding that prejudice to the defendant is a required factor which must be considered by the trial court in deciding whether to dismiss a case with or without prejudice for violation of Hawaii Rules of Penal Procedure (HRPP) Rule 48. Although prejudice to the defendant may be a relevant consideration, it is not a mandatory one, and failure to make findings as to prejudice is not...

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