State v. HernaneAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeal (ICA) and the circuit court's judgment of conviction and sentence, holding that the circuit court erred in denying Defendant's motion to dismiss the indictment for violation of Haw. R. Pen. P. (HRPP) 48(c)(5).
On the day of his scheduled jury trial, Defendant filed a motion to dismiss indictment for violation of HRPP Rule 48, asserting the violation based on the passage of 181 unexcludable days, a difference of only one day from the requirement that trial commence within 180 days. The circuit court denied the motion. A jury subsequently found Defendant guilty of manslaughter. The ICA affirmed. On appeal, Defendant argued that a nearly three-month delay was not excludable because he was not "unavailable" for purposes of Rule 48. The Supreme Court set aside Defendant's conviction, holding (1) the time period a defendant continues to be held in State custody in a mainland prison after his conviction is set aside and a new trial ordered is not excludable under Rule 48(c)(5); and (2) therefore, the time Defendant spent in Arizona in State custody was not excludable under Rule 48(c)(5), and the circuit court erred in denying the Rule 48 motion.