IN THE SUPREME COURT OF THE STATE OF HAWAII`i





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STATE OF HAWAII`i, Plaintiff-Appellee, v. MICHAEL WAYNE

ORTIZ, Defendant-Appellant





NO. 21971





ORDER AMENDING OPINION OF THE COURT



(CR. NO. 4289163MO)





AUGUST 27, 1999





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





The opinion of the court, filed on August 16, 1999, is hereby amended as follows:

On page 23, the eleventh line from the top of the page is amended as follows (the deleted word is in brackets, and the added word is underlined):

"sustained"). Accordingly, Ortiz's conviction must be [reversed] vacated".

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