NO. 25559


IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Respondent/Plaintiff-Appellee



vs.



STEPHEN BRADLEY BAKER, Petitioner/Defendant-Appellant



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 02-1-1412)





ORDER DISMISSING CERTIORARI PROCEEDING
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.;
and Acoba, J., Dissenting,)

Upon further consideration of the records and files in this case, it appearing that the writ of certiorari herein was improvidently granted,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, September 30, 2004.