NO. 22635


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


STATE OF HAWAI`I, Plaintiff-Appellee/
Respondent-Appellee,

vs.

MARK A. BRANTLEY, Defendant-Appellant/
Movant-Appellant.

APPEAL FROM THE SECOND CIRCUIT COURT
(CR. NO. 93-0433(2))


ORDER OF AMENDMENT
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

IT IS HEREBY ORDERED that the first paragraph of the plurality opinion in the above-entitled case, filed October 25, 2002, is amended as follows (underscored information added):

Defendant-appellant/movant-appellant Mark A. Brantley appeals from the second circuit court's May 25, 1999 order, entered by the Honorable Shackley Raffetto, presiding, denying his Hawai`i Rules of Penal Procedure (HRPP) Rule 35 "Motion to Reverse Conviction and Correct Illegal Sentence" for his 1994 conviction of carrying or use of firearm in the commission of a separate felony, in violation of Hawai`i Revised Statutes (HRS) § 134-6(a) (1993).

The Clerk of the Court is directed to incorporate the foregoing change in the original opinion and take all necessary steps to notify the publishing agencies of these changes.

DATED: Honolulu, Hawai`i, October 25, 2002.