Hawaii Supreme Court September 16, 2002, 23075 (State v. Oughterson)

Opinion of

ACOBA, J.,

concurring in part and dissenting in part.

I agree with the majority’s statement that it is the defendant who bears the burden of persuasion on a motion to dismiss on de minimis grounds. See Majority opinion 99 Hawai'i at 256, 54 P.3d at 427. For that reason, I would vacate Judge Bryant’s ruling.