State V. Baranco
Hawaii Supreme Court
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Defendants-Appellants Victor W. Baranco and Cynthia A. Baranco (collectively Defendants) were indicted by Plaintiff-Appellee State of Hawaii (Prosecution) for promoting a dangerous drug in the second degree in violation of Hawaii Revised Statutes (HRS) § 712-1242(1)(a) (Supp. 1992). Following a mistrial, Defendants filed a motion to dismiss the indictment with prejudice, arguing that a retrial would violate their constitutional right against double jeopardy. Defendants appeal the circuit court's order denying their motion to dismiss the indictment with prejudice. We affirm.