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*** FOR PUBLICATION *** IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--_________________________________________________________________ STATE OF HAWAI#I, Respondent/Plaintiff-Appellant vs. HARVEY ABABA, Petitioner/Defendant-Appellee and RODRIGO ABABA, Defendant _________________________________________________________________ NO. 24127 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 00-1-0071) MARCH 19, 2003 LEVINSON AND ACOBA, JJ., AND CIRCUIT JUDGE HIFO, ASSIGNED BY REASON OF VACANCY; AND NAKAYAMA, J., DISSENTING, WITH WHOM MOON, C.J., JOINS OPINION OF THE COURT BY ACOBA, J. Petitioner/Defendant-Appellee Harvey Ababa (Petitioner) was charged with having committed several felonies. Prior to

trial, Petitioner filed a motion to suppress statements which sought to exclude from trial statements he made to the police on January 4, 2000. After a hearing, the first circuit court, the

Honorable Michael A. Town presiding, granted Petitioner's motion and, on February 5, 2001, issued its findings of fact,

*** FOR PUBLICATION *** conclusions of law, and order granting the motion to suppress statements (Order). Respondent/Plaintiff-Appellant State of Hawai#i (the prosecution) appealed, and, on November 29, 2002, the Intermediate Court of Appeals1 (ICA) vacated the aforesaid order and remanded the case to the circuit court for further proceedings. See State v. Ababa, No. 24127, slip op. at 34 (Haw. The ICA left the findings of fact

Ct. App. Nov. 29, 2002).

undisturbed but ruled that the court's conclusions of law were in error. On December 30, 2002, Petitioner filed an application for

a writ of certiorari asserting that "the ICA committed a grave error of fact or law in applying [Hawai#i Revised Statutes (HRS)]

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