NO. 25237


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee,


vs.

MARK DUERING, Defendant-Appellant.



APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 96-0220)




ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, and Duffy JJ.,
and Circuit Judge Nakamura, in place of Acoba, J., recused)

The motion for reconsideration filed on February 11, 2005 by the plaintiff-appellee, State of Hawai`i, requesting that this court review its amended summary disposition order, filed on February 3, 2005, is hereby denied.

DATED: Honolulu, Hawai`i, March 1, 2005.


Loren Thomas,
Deputy Prosecuting
Attorney, for plaintiff-
appellee on the motion