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NO. 22843 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

STATE OF HAWAI#I,

) ) ) Plaintiff-Appellee, ) ) vs. ) ) MIKE ANTUNEZ LOPEZ, ) ) Defendant-Appellant. _______________________________ )

CASE NO. TR 43 OF 06/07/99

DISTRICT COURT OF THE FIRST CIRCUIT

SUMMARY DISPOSITION ORDER Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we hold that the district court abused its discretion when it allowed the prosecution to reopen its case-in-chief to enable the prosecution to overcome Lopez's motion for judgment of acquittal under Hawai#i Rules of Penal Procedure (HRPP) Rule 29 by adducing further evidence of facts establishing defendant-appellant Mike Antunez Lopez's identification beyond a reasonable doubt. State v. Kwak, 80 Hawai#i 297, 909 P.2d 1112 (1995). See

Because the

error contributed to Lopez's conviction for driving after license suspended or revoked for driving under the influence of intoxicating liquor in violation of Hawai#i Revised Statutes

(HRS)

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Hawaii Law