STATE v. KIYABU

No. 24658.

80 P.3d 1012 (2003)

103 Hawai'i 191

STATE of Hawai'i, Plaintiff-Appellant, v. Fred Masami KIYABU and Taira Elizabeth Ursua, Defendants-Appellees.

Intermediate Court of Appeals of Hawai'i.

November 21, 2003.


Attorney(s) appearing for the Case

Mangmang Qiu Brown, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellant.

Lane Y. Takahashi, on the briefs, for defendant-appellee, Fred Masami Kiyabu.

Joyce Matsumori-Hoshijo, Deputy Public Defender, on the briefs, for defendant-appellee Taira Elizabeth Ursua.

WATANABE, Acting C.J., LIM and FOLEY, JJ.


Opinion of the Court by FOLEY, J.

I.

On November 14, 2000 Defendant-Appellee Fred Masami Kiyabu (Kiyabu) was charged by complaint with the following:

Count I, Promoting a Dangerous Drug in the Third Degree in violation of Hawaii Revised Statute (HRS) § 712-1243 (1993 & Supp.2001),1 and Count II, Unlawful Use of Drug Paraphernalia in violation of HRS § 329-43.5(a) (1993).2

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