STATE v. OBRERO

SCAP-21-0000576.

517 P.3d 755 (2022)

STATE of Hawai`i, Plaintiff-Appellee, v. Richard OBRERO, Defendant-Appellant.

Supreme Court of Hawai`i.

September 8, 2022.


Attorney(s) appearing for the Case

Thomas M. Otake , Honolulu, for appellant.

Donn Fudo , Honolulu, for appellee.

McKENNA, WILSON, AND EDDINS, JJ.; WITH NAKAYAMA, J., CONCURRING SEPARATELY AND DISSENTING, WITH WHOM McKENNA, J., JOINS AS TO SECTIONS II AND III; AND RECKTENWALD, C.J., DISSENTING, WITH WHOM NAKAYAMA, J., JOINS.


I. INTRODUCTION

This case is about what limits, if any, Hawai`i Revised Statutes (HRS) § 801-1 (2014) imposes on the State's ability to prosecute felonies. The law says:

No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon...

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