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STATE v. ONTAI

No. 18145.

929 P.2d 69 (1996)

84 Hawai`i 56

STATE of Hawai`i, Plaintiff-Appellant, v. Francis K. ONTAI, Defendant-Appellee, and Wade S. Nagata, Defendant.

Supreme Court of Hawai`i.

November 21, 1996.

Attorney(s) appearing for the Case

Donn Fudo, Deputy Prosecuting Attorney, on the briefs, Honolulu, for plaintiff-appellant.

John D. Yamane, on the briefs, Honolulu, for defendant-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

Plaintiff-Appellant State of Hawai`i (the prosecution) appeals from the findings of fact, conclusions of law, and order granting Defendant-Appellee Francis K. Ontai's motion to dismiss indictment with prejudice as to Count II. Count II of the indictment alleged that Ontai committed Unlawful Ownership or Operation of Business, in violation of Hawai`i Revised Statutes (HRS) §§ 842-2(3) and 842-3 (1993).1

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