IN THE SUPREME COURT OF THE STATE OF HAWAI`I





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STATE OF HAWAI`I, Plaintiff-Appellee, v. MOHAMED EL CHEIKL

KAMAL, Defendant-Appellant





NO. 20162





ORDER AMENDING OPINION OF THE COURT



(CR. NO. 4289163MO)



JUNE 30, 1998





MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.





The opinion of the court, filed on June 29, 1998, is hereby amended as follows:

1. Footnote 1 should read:

1 ROCCH 29-6.2 provides in relevant part:



Regulations affecting peddlers.

. . . .

(b) Notwithstanding any ordinance to the contrary, it is unlawful for any person to sell or offer for sale, rent or offer for rent, goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services in the following areas:

. . . .

(7) Waikiki Peninsula upon the public streets, alleys, sidewalks, malls, parks, beaches and other public places in Waikiki commencing at the entrance to the Ala Wai Canal, thence along the Ala Wai Canal to Kapahulu Avenue, thence, along the diamond head property line of Kapahulu Avenue to the ocean, thence along the ocean back to the entrance of the Ala Wai Canal[.]

2. On page two, the first paragraph of Section I, line seven, is amended as follows (words deleted are in brackets, words added are underlined):

"Smith observed a man receive a drawing from Kamal and give [giving]".

3. On page four, the first line is amended as follows (words deleted are in brackets, words added are underlined): "donations, while Sunn's listeners did not. Accordingly, Kamal [Sunn] was".

4. On page nine, the third line is amended as follows (words deleted are in brackets, words added are underlined): "therefore, is not unconstitutionally [nconstitutionally] vague." The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion.