State v. Valentine (Order of Amendment)

IN THE SUPREME COURT OF THE STATE OF HAWAII

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STATE OF HAWAI`I, Plaintiff-Appellee, v. JUSTIN VALENTINE, Defendant-Appellant

NO. 22566

SECOND ORDER OF AMENDMENT

(CR. NO. 98-0560)

JULY 3, 2000

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

INTERMEDIATE COURT OF APPEALS JUDGE ACOBA, ⁽¹⁾

ASSIGNED BY REASON OF VACANCY

The opinion of the supreme court, filed in the above-entitled case on May 2, 2000, is hereby amended as set forth below at page 13 of the opinion (deletions are bracketed and additions are underlined):

Line eight from the bottom:

to the present matter, is comprised of the following [components] elements:

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(1) that a person convicted of a felony (attendant circumstance);

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(2) possesses or controls an object (conduct); (3) exhibiting the

Lines five and four (including the changes made on the first order of amendment) from the bottom:

attributes of a firearm (attendant circumstances) [(4) and that the person act intentionally, knowingly, or recklessly with respect to each of the foregoing elements]. Insofar

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

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RONALD T.Y. MOON

Chief Justice

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STEVEN H. LEVINSON

Associate Justice

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PAULA A. NAKAYAMA

Associate Justice

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MARIO R. RAMIL

Associate Justice

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SIMEON R. ACOBA, JR.

Associate Justice

1. Simeon R. Acoba, Jr., who was assigned by reason of vacancy when Justice Klein resigned from the court on February 4, 2000, considered and signed the opinion filed on May 2, 2000. Simeon R. Acoba, Jr., who replaced Justice Klein, was sworn in as an associate justice on May 19, 2000.