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STATE v. CARLTON

SCWC-17-0000419.

455 P.3d 356 (2019)

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

Supreme Court of Hawai`i.

November 25, 2019.

Attorney(s) appearing for the Case

Richard D. Gronna , Honolulu, ( Benjamin E. Lowenthal , Wailuku, on the opening brief), for petitioner

Renee Ishikawa Delizo , for respondent

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

This case raises the issue of whether Hawai`i Rules of Penal Procedure (HRPP) Rule 48(b)(3) (2000) applies when the State on remand is given the option of either (a) retrying the defendant on the charges underlying three convictions vacated by the appellate court or (b) dismissing two of those charges and having...

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