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STATE v. CRAIL

No. 23007.

35 P.3d 197 (2001)

97 Hawai`i 170

STATE of Hawai`i, Plaintiff-Appellee, v. Darrel M. CRAIL, Defendant-Appellant, and Rilei Shepard, also known as Rilei Edwards-Sheppard, Defendant.

Supreme Court of Hawai`i.

October 30, 2001.

Attorney(s) appearing for the Case

Stuart N. Fujioka, Honolulu, for defendant-appellant, on the briefs.

Caroline M. Mee, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellee, on the briefs.

MOON, C.J., NAKAYAMA, RAMIL, and ACOBA, JJ. with LEVINSON, J., Concurring Separately.

Opinion of the Court by ACOBA, J.

We hold, in this appeal by Defendant-Appellant Darrell Crail (Defendant) from a November 18, 1999 judgment of conviction and sentence for violations of Hawai`i Revised Statutes (HRS) § 712-1243 (Supp.1999) (Count I) and HRS § 329-43.5 (1993) (Count II), that the first circuit court (the court)1 did not err in denying his motion to dismiss for preindictment delay. Contrary to his contentions,...

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