NO. 22197





IN THE SUPREME COURT OF THE STATE OF HAWAI`I






STATE OF HAWAII, Petitioner-Appellee,



vs.



SOLOMON KUPAU, Respondent-Appellant




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CR. NO. 98-0506(2))





ORDER DISMISSING CERTIORARI PROCEEDING

Upon further consideration of the records and files in this case and it appearing that the writ of certiorari herein was improvidently granted,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawaii,

Mark R. Simonds and

Richard K. Minatoya,

Deputy Prosecuting Attorneys,

for petitioner-appellee,

on the writ and the

supplemental brief



Mark Graven,

attorney of record,

for respondent-appellant