NO. 21002



IN THE SUPREME COURT OF THE STATE OF HAWAI`I





STATE OF HAWAI`I,



Petitioner-Appellee,



vs.



NOAH UGALDE,



Respondent-Appellant.

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CR. NO. 97-0320





CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

ORDER OF DEPUBLICATION

Pursuant to Rule 2(a) of the Rules of the Intermediate court of Appeals, the opinion of the Intermediate court of Appeals in the above-captioned matter, filed November 9, 1998, is hereby depublished. The clerk of the court shall promptly notify the applicable publishing companies and shall take all other appropriate steps to ensure that the opinion is depublished.

DATED: Honolulu, Hawai`i, January 14, 1999.

FOR THE COURT:



Chief Justice