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STATE v. VIERNES

No. 22266.

988 P.2d 195 (1999)

92 Hawai`i 130

STATE of Hawai`i, Plaintiff-Appellant, v. Patrick VIERNES, Defendant-Appellee.

Supreme Court of Hawai`i.

November 9, 1999.

Attorney(s) appearing for the Case

Bryan K. Sano, Deputy Prosecuting Attorney, for the plaintiff-appellant State of Hawai`i.

Rose Ann Fletcher, Deputy Public Defender, for the defendant-appellee Patrick Viernes.

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.

Opinion of the Court by LEVINSON, J.

The plaintiff-appellant State of Hawai`i (the prosecution) appeals from the findings of fact (FOFs), conclusions of law (COLs), and order granting the defendant-appellee Patrick Viernes's motion to dismiss, filed on January 26, 1999. On appeal, the prosecution contends that the circuit court erroneously dismissed the charge against Viernes of promoting a dangerous drug in the third degree, pursuant to HRS § 712-1243 (1993...

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