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CARLISLE v. ONE (1) BOAT

No. 26995.

185 P.3d 855 (2008)

Peter B. CARLISLE, in his official capacity as the Prosecuting Attorney of the City and County of Honolulu, on behalf of the State of Hawaii, Petitioner-Appellant, v. ONE (1) BOAT, 18.5 Feet With Fiberglass Hull, Blue and White in Color, Registration No. HA 2709 D, Hull Identification No. GLA72495M77G, with Trailer, Serial No. TUD051894HDNWP, and Gas Engine with Winch System (Estimated Value: $4,000.00); One (1) Evinrude Brand Outboard Engine, 112 Horsepower, Serial No. G04072044, and One (1) Evinrude Brand Outboard Engine, 30 Horsepower, Serial No. G03586474 (Estimated Value: $1,000.00); Two (2) Monofilament Gill Nets, Each Approximately 1500 Feet in Length (Estimated Value: $3,000.00) (Aggregate Estimated Value: $8,000.00), Defendant and Dang Van Tran and Sang Tran, Interested Persons-Appellees.

Intermediate Court of Appeals of Hawai`i.

February 27, 2008.

Attorney(s) appearing for the Case

Charlotte J. Duarte, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Petitioner-Appellant.

Brian Y.Y. Ho, on the briefs, for Interested Persons-Appellees.

RECKTENWALD, C.J., WATANABE and NAKAMURA, JJ.

Opinion of the Court by RECKTENWALD, C.J.

Petitioner-Appellant Peter B. Carlisle, in his official capacity as the Prosecuting Attorney of the City and County of Honolulu, on behalf of the State of Hawai`i (the State), filed a Verified Petition for Forfeiture seeking to forfeit property including a boat. That property was allegedly used to commit intentional violations of Hawaii Administrative Rules (HAR) §§ 13-95-70, entitled Stony corals, and 13...

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