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STATE v. KAAKIMAKA

No. 18512.

933 P.2d 617 (1997)

84 Hawai`i 280

STATE of Hawai`i, Plaintiff-Appellant, v. Blaine KAAKIMAKA, Audwin Aiwohi, and Darren Dacosin, Defendants-Appellees, and John Joseph Griffiths, also known as "Joe," and Michael Hee, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied March 21, 1997.

Attorney(s) appearing for the Case

Caroline M. Mee, Deputy Prosecuting Attorney, on the briefs, Honolulu, for plaintiff-appellant State of Hawai`i.

Reginald P. Minn, on the briefs, Honolulu, for defendant-appellee Audwin Aiwohi.

Richard L. Hoke, on the briefs, Honolulu, for defendant-appellee Darren Dacosin.

Stacy Moniz, on the briefs, Honolulu, for defendant-appellee Blaine Kaakimaka.

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

MOON, Chief Justice.

Plaintiff-appellant State of Hawai`i (the prosecution) appeals from the First Circuit Court's order dismissing the charge of conspiracy to commit murder in the second degree against defendants-appellees Blaine Kaakimaka, Audwin Aiwohi, and Darren Dacosin (collectively, the defendants1). On appeal, the prosecution alleges that the circuit court erroneously determined that (1) the statutory scheme under which the defendants...

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