STATE v. STAN'S CONTRACTING, INC.

No. 25394.

137 P.3d 331 (2006)

111 Hawai'i 17

STATE of Hawai`i, Plaintiff-Appellant, v. STAN'S CONTRACTING, INC., Roy Shioi, G.W. Murphy Construction Company, John Patrick Henderson and Mark L. Henderson, Defendants-Appellees.

Supreme Court of Hawai'i.

June 15, 2006.


Attorney(s) appearing for the Case

Adina L.K. Cunningham, Deputy Attorney General, on the briefs, for the plaintiff-appellant, State of Hawai'i.

David J. Minkin, of McCorriston Miller Mukai MacKinnon, on the briefs, Honolulu, for the defendants-appellees, Stan's Contracting and Roy Shioi.

William A. Harrison, of Harrison & Matsuoka, on the briefs, Honolulu, for the defendants-appellees, G.W. Murphy Construction Co., John Patrick Henderson, and Mark L. Henderson.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by LEVINSON, J.

The plaintiff-appellant State of Hawai`i [hereinafter, "the State" or "the prosecution"] appeals from the August 9, 2002 order of the circuit court of the first circuit, the Honorable Reynaldo D. Graulty presiding, dismissing a two-count theft indictment as time-barred and fatally defective. Count I was filed against the defendants-appellees Stan's Contracting, Inc. and Roy Shioi [hereinafter, collectively, "Stan's Contracting...

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