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*** NO T FO R PUBLICATION ***
NO. 22937 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellant vs. ADI ADOLF BUCAR, also known as Adi A. Bucar, Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 98-1915) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Plaintiff-appellant State of Hawai#i [hereinafter, "the prosecution"] appeals from the October 13, 1999 order of the circuit court of the first circuit, the Honorable Sandra A. Simms presiding, granting Adi Adolf Bucar's motion to dismiss and dismissing the indictment. indicted on: On September 2, 1998, Bucar was

(1) one count of habitually driving under the

influence of intoxicating liquor or drugs (Habitual DUI), in violation of HRS

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Hawaii Law