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STATE v. CLEMENTE

No. CAAP-11-0000027.

290 P.3d 519 (2012)

128 Haw. 449

STATE of Hawai`i, Plaintiff-Appellant, v. Drew CLEMENTE, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

November 30, 2012.

Attorney(s) appearing for the Case

Delanie D. Prescott-Tate, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for Plaintiff-Appellant.

R. Patrick McPherson, Earle A. Partington, on the briefs, for Defendant-Appellee.

NAKAMURA, Chief Judge, and LEONARD and REIFURTH, JJ.

Opinion of the Court by NAKAMURA, C.J.

Based on a mistaken belief that a critical witness would not be appearing, the trial court dismissed, with prejudice, charges against Defendant-Appellee Drew Clemente (Clemente) for operating a vehicle under the influence of an intoxicant (OVUII) and speeding. After the mistake was discovered and the witness arrived on time, Plaintiff-Appellant State of Hawai`i (State) orally moved that the trial court reconsider its dismissal...

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