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Oral Argument Before the Hawaii Intermediate Courts of Appeal–CAAP-16-0000413

CAAP-16-0000413 Wednesday, September 13, 2017, 9 a.m.

STATE OF HAWAI`I, Plaintiff-Appellant, vs. LAURA PITOLO, Defendant-Appellee.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorney for Plaintiff-Appellant:

Michael Kagami, Deputy Attorney General

Attorneys for Defendant-Appellee:

Taryn R. Tomasa and Darcia Forester, Deputy Public Defenders

COURT: Fujise, Leonard, and Reifurth, JJ.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Plaintiff-Appellant State of Hawai`i (State) appeals from the Findings of Fact, Conclusions of Law, and Order Granting Defendant Laura Pitolo’s (Pitolo) Motion to Dismiss Felony Information With Prejudice (Order), filed on April 25, 2016 in the Circuit Court of the First Circuit (Circuit Court). The Circuit Court dismissed the charges against Pitolo on the grounds that the applicable statute of limitations expired on either March 27, 2013, or August 7, 2013, pursuant to Hawaii Revised Statutes §§ 701-108(2)(d) and 701-108(3)(a). On appeal, the State contends that the Circuit Court erred in concluding: (1) that the applicable statute of limitations expired on May 27, 2013, or August 7, 2013, was tolled until September 5, 2013; and (2) that the alleged conduct that served as the basis for the Felony Information constituted a single criminal scheme. Pitolo submits that the Circuit Court properly dismissed the charges against her.