NO. 24754


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellant


vs.

KELLY MONIZ, Defendant-Appellee

and

HENRY KEY, Defendant


APPEAL FROM THE THIRD CIRCUIT COURT
(CR. NO. 01-1-153)
 

ORDER DENYING MOTION FOR RECONSIDERATION (1)

The amended motion for reconsideration filed on January 3, 2003, by Defendant-Appellee Kelly Moniz, requesting that the court reconsider its Summary Disposition Order, filed on December 24, 2002, is hereby denied.

DATED: Honolulu, Hawai`i, January 24, 2003.
 

James S. Gifford, Deputy
Public Defender, for
defendant-appellee

Based on my dissenting opinion, I would grant reconsideration. (J. Acoba)
 

1.     The motion for reconsideration was considered by: Moon, C.J., Levinson, Nakayama, and Acoba, JJ., and Circuit Judge Perkins, assigned by reason of vacancy.