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NO.

22932

IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ STATE OF HAWAI#I, Plaintiff-Appellee vs. STUART SOUZA, Defendant-Appellant _________________________________________________________________ APPEAL FROM THE FIFTH CIRCUIT COURT (CR. NO. 98-0226)

(By:

SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

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: (1) inasmuch as the defendant-appellant Stuart Souza

failed to establish that the amounts of methamphetamine at issue in the present matter were neither usable nor saleable and did not adduce substantial evidence with regard to whether the amounts at issue could not have produced any pharmacological action or physiological effect, the circuit court did not err in denying Souza's motion for dismissal before trial, at the close of the prosecution's case, and at the close of all the evidence, proffered on the ground, pursuant to Hawai#i Revised Statutes (HRS)

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Hawaii Law