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STATE v. HERNANE

SCWC-18-0000350.

454 P.3d 385 (2019)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Charly HERNANE, also known as Charlie Hernane, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 12, 2019.

Attorney(s) appearing for the Case

Jon K. Ikenaga for petitioner.

Stephen K. Tsushima , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND WILSON, JJ., AND CIRCUIT JUDGE AYABE IN PLACE OF POLLACK, J., RECUSED.

I. Introduction

We hold that the time period a defendant continues to be held in State custody in a mainland prison after his conviction is set aside and a new trial ordered is not excludable under Hawai`i Rules of Penal Procedure ("HRPP") Rule 48(c)(5) (2000)1 on the grounds...

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