IN THE SUPREME COURT OF THE STATE OF HAWAI`I





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STATE OF HAWAI`I, Plaintiff-Appellee, v. MARIO CABRERA, Defendant-Appellant





NO. 21617





MOTION FOR RECONSIDERATION



(CIV. NO. 94-2508)





MAY 18, 1999





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





Defendant-appellant Mario Cabrera's motion for reconsideration, filed on March 29, 1999, is hereby granted. The opinion filed by this court on March 17, 1999, is withdrawn. The following opinion is substituted as the disposition of this appeal.





Theodore Y.H. Chinn, Deputy

Public Defender, for the

defendant-appellant

Mario Cabrera