State v. Fetoa
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NO. 22990 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellant v. LOGO FETOA, also known as Logo Fetui and Stone, Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 98-1876) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Nakayama, Levinson, Ramil, and Acoba, JJ.) Plaintiff-appellant, the State of Hawai#i (the prosecution), appeals from the circuit court s order dismissing the indictment of defendant-appellee, Logo Fetoa. The prosecutors filed a complaint against Fetoa charging one count of sexual assault in the third degree, in violation of Hawai#i Revised Statutes (HRS) § 707-732(1)(b)(1993), one count of terroristic threatening in the second degree, in violation of HRS § 707-717(1)(1993), and one count of kidnapping, in violation of HRS § 707-720(1)(d)(1993). On appeal the prosecution argues that the trial court abused its discretion when it dismissed the indictment after there was only one mistrial because the jury was genuinely unable to reach a verdict. Upon careful review of the record and the briefs submitted by the parties, we resolve plaintiff-appellant s argument as follows: the trial court did not abuse its discretion in granting the motion to dismiss the indictment with prejudice because it determined that a second trial would likely not proceed in a manner different from the original trial or, as posited by the prosecution, likely result in an acquittal of Fetoa, and the trial court s assessment of the strength of the prosecution s case was not erroneous. THEREFORE, IT IS HEREBY ORDERED that the circuit court s order dismissing the indictment with prejudice is affirmed. DATED: Honolulu, Hawai#i, December 6, 2000. On the briefs: Bryan K. Sano, Deputy Prosecuting Attorney, for plaintiff-appellant Linda C.R. Jameson, Deputy Public Defender, for defendant-appellee 2
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