State v. PitoloAnnotate this Case
The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) reinstating certain criminal charges dismissed by the circuit court based on the statute of limitations, holding that there were questions of fact regarding the statute of limitations applicable to those counts that must be determined by the factfinder, and therefore, the circuit court erred by dismissing those charges.
The circuit court dismissed all six counts of theft filed against Defendant on the grounds that the felony information was filed after any extension of the three-year statute of limitations based on Haw. Rev. Stat. 701-108(3)(a) had expired. The ICA reinstated three of those counts. The Supreme Court affirmed as further clarified by this opinion, holding (1) the ICA did not err in holding that prosecutorial discretion allowed the three counts to be charged as separate offenses, and there were questions of fact regarding the statute of limitations applicable thereto; and (2) the ICA erred in holding that the earliest date of discovery for the three counts was September 5, 2013.