STATE v. BASNET

No. SCWC-11-0000762.

318 P.3d 126 (2013)

131 Haw. 286

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Sushil BASNET, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 18, 2013.


Attorney(s) appearing for the Case

Steven T. Barta , Honolulu, for petitioner.

James M. Anderson , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.


Opinion of the Court by ACOBA, J.

We hold first, that respectfully, the Family Court of the First Circuit (the family circuit court) should have arraigned Petitioner/Defendant-Appellant Sushil Basnet (Basnet) in accordance with Hawai`i Rules of Penal Procedure (HRPP) Rule 10(a), but because it failed to do so, the case must be dismissed without prejudice. Second, in the event of retrial, we hold that the charge was sufficient inasmuch as it "fully defin[ed] the offense...

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