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STATE v. AKE

No. 20770.

967 P.2d 221 (1998)

88 Hawai`i 389

STATE of Hawai`i, Petitioner-Plaintiff-Appellant, v. Jorge AKE, Respondent-Defendant-Appellee.

Supreme Court of Hawai`i.

September 24, 1998.

Attorney(s) appearing for the Case

Alexa D.M. Fujise, Deputy Prosecuting Attorney, on the briefs, for petitioner-plaintiff-appellant.

Gary A. Modafferi, on the briefs, Honolulu, for respondent-defendant-appellee.

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

RAMIL, Justice.

We granted certiorari to review the summary disposition order of the Intermediate Court of Appeals (ICA) filed on July 21, 1998. The ICA affirmed the circuit court's findings of fact, conclusions of law, and order granting respondent-defendant-appellee Jorge Ake's motion to dismiss. Petitioner-plaintiff-appellant State of Hawai`i (the prosecution) challenges the ICA's and the circuit court's decisions. For the following reasons, we reverse the ICA...

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