State v. Whiting (Order of Amendment)

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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TIMOTHY L. WHITING, Petitioner-Appellant, v. STATE OF HAWAI`I, Respondent-Appellee

NO. 20208

ORDER OF AMENDMENT

(CR. NO. 91-3006)

July 22, 1998

MOON, C.J., KLEIN, AND RAMIL, JJ., CIRCUIT JUDGE TOWN,

IN PLACE OF LEVINSON, J., RECUSED, AND CIRCUIT JUDGE

WATANABE, IN PLACE OF NAKAYAMA, J., RECUSED

The opinion of the court, filed July 8, 1998, is amended as follows:

1. Page 14, last sentence on page. Insert footnote 4 after the word "imprisonment."⁴

⁴ We recognize that manslaughter has been reclassified by the legislature to a class A felony, see HRS

§ 707-702(3) (Supp. 1997), carrying a mandatory 20 year sentence of imprisonment, see HRS § 707-659. As applied to Whiting, however, the amendment is inapplicable because the change occurred after his 1993 conviction.

2. Page 15, footnote 4 becomes footnote 5.

3. Page 16, footnote 5 becomes footnote 6.

The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion.