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STATE v. YOUNG

No. 25610.

109 P.3d 677 (2005)

107 Hawai`i 36

STATE of Hawai'i, Plaintiff-Appellant v. Markham G.K. YOUNG, Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected April 1, 2005.

Attorney(s) appearing for the Case

Daniel Shimizu, deputy prosecuting attorney, on the briefs, for the plaintiff-appellant State of Hawai'i.

Joyce K. Matsumore-Hoshijo, deputy public defender, on the briefs, for the defendant-appellee Markham G.K. Young.

MOON, C.J., LEVINSON, and DUFFY, JJ., and ACOBA, J. dissenting, in which NAKAYAMA, J., joins.

Opinion of the Court by LEVINSON, J.

The plaintiff-appellant State of Hawai'i [hereinafter, "the prosecution"] challenges the findings of fact (FOFs) and conclusions of law (COLS) of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, and appeals from the January 17, 2003 order granting the defendant-appellee Markham G.K. Young's motion to dismiss the indictment.

On appeal, the prosecution contends: (1) that the circuit court abused...

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