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STATE v. HIGA

No. 23262.

74 P.3d 6 (2003)

102 Hawai'i 183

STATE of Hawai'i, Plaintiff-Appellant, v. Brandi HIGA, Defendant-Appellee.

Supreme Court of Hawai'i.

Reconsideration Denied September 17, 2003.

Attorney(s) appearing for the Case

Caroline M. Mee, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellant.

Linda C.R. Jameson, Deputy Public Defender, on the briefs, for defendant-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, JJ., and Circuit Judge Alm, Assigned by Reason of Vacancy.

Opinion of the Court by NAKAYAMA, J.

Plaintiff-appellant the State of Hawai'i [hereinafter, "the prosecution"] appeals from the March 3, 2000 order of the circuit court of the first circuit, the Honorable Victoria S. Marks presiding, dismissing an indictment against Brandi Higa charging: (1) one count of theft in the second degree, in violation of Hawai'i Revised Statutes (HRS) § 708-831(1)(b) (1993)1 (Count I); (2) one count of ...

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