IN THE SUPREME COURT OF THE STATE OF HAWAI`I
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STATE OF HAWAI`I, Plaintiff-Appellee-Respondent
vs.
MARK ALAN MARTINS, Defendant-Appellant-Petitioner.
NO. 25021
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 00-1-0234(1))
January 3, 2005
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY, JJ.
ORDER OF AMENDMENT
The opinion of the court, filed on December 20, 2004, is hereby amended as follows:Page 5, line 6: the phrase "as to section III.B" is to be included after the word "opinion" and line 6 shall read as follows: "the ICA's opinion as to section III.B, (2) vacate the circuit";
Page 12, lines 8 through 9: the phrase "of conviction as to the offense of terroristic threatening in the second degree" is to be included after the word "judgment." Lines 8-9 shall read as follows: "affirming the circuit court's judgment of conviction as to the offense of terroristic threatening in the second degree, but for"; and
Page 17, IV. Conclusion, Line 4: the phrase "as to section III.B" is to be included after the word "opinion" and line 4 shall read as follows: "opinion as to section III.B, (2) vacate the circuit court's March."
The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion.