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STATE v. DOMINGUES

No. 25208.

107 P.3d 409 (2005)

106 Haw. 480

STATE of Hawai'i, Plaintiff-Appellant v. Kyle Evan DOMINGUES, Defendant-Appellee.

Supreme Court of Hawai'i.

February 22, 2005.

Attorney(s) appearing for the Case

Mark Yuen, deputy prosecuting attorney, on the briefs, for the plaintiff-appellant, State of Hawai'i.

James S. Gifford, deputy public defender, on the briefs, for the defendant-appellee, Kyle Evan Domingues.

MOON, C.J., and LEVINSON and DUFFY, JJ.; and ACOBA, J., Dissenting with whom NAKAYAMA, J. Joins.

PER CURIAM.

The plaintiff-appellant State of Hawai'i [hereinafter, "the prosecution"] appeals from the order of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, entered on June 21, 2002, dismissing without prejudice the indictment against the defendant-appellee Kyle Evan Domingues.

On appeal, the prosecution contends: (1) that the circuit court erred in dismissing the indictment against Domingues, inasmuch as the prosecution...

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