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State of Hawaii v. Teikin Miecho

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


February 21, 2013

STATE OF HAWAII,
PLAINTIFF-APPELLEE,
v.
TEIKIN MIECHO,
DEFENDANT-APPELLANT

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (Honolulu Division) (Case No. 1DTC-06-049025)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Nakamura, Chief Judge, and Fujise and Reifurth, JJ.)

Defendant-Appellant Teikin Miecho (Miecho) was convicted of driving without a license, in violation of Hawaii Revised Statutes § 286-102(a) (2007). Miecho appeals from the "Notice of Entry of Judgment and/or Order and Plea/Judgment" (Judgment) filed on December 3, 2009, in the District Court of the First Circuit (District Court).*fn1

On appeal, Miecho contends that: (1) the District Court erred in denying his motion to dismiss for violation of Hawaii Rules of Penal Procedure (HRPP) Rule 9(c)(3)(i) (2007), which requires that warrants "shall be executed without unnecessary delay . . . ."; and (2) there was insufficient evidence to support his conviction.

Plaintiff-Appellee State of Hawaii (State) concedes that the District Court erred in denying Miecho's motion to dismiss. We accept the State's concession of error as it is supported by existing precedent in this jurisdiction. E.g., State v. Owens, 116 Hawaii 172, 172 P.3d 484 (2007); State v. Lei, 95 Hawaii 278, 21 P.3d 880 (2001).

We decline the State's request to remand the case for determination of whether to dismiss the case with or without prejudice. Instead, we follow the remedy imposed by the Hawaii Supreme Court in Lei, 95 Hawaii at 287, 21 P.3d at 889, and reverse the District Court's Judgment. In light of our decision, we need not address Miecho's claim that the evidence was insufficient to support his conviction.

We reverse the District Court's Judgment.

Chief Judge

Associate Judge

Associate Judge

2


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