NO. 25836


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee,


vs.


ROY RITA, Defendant-Appellant,


APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(Cr. No. 02-1-0139)



ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)

The motion for reconsideration filed on May 10, 2004 by the defendant-appellant, Roy Rita, requesting that this court review its summary disposition order, filed on April 29, 2004, is hereby denied.

DATED: Honolulu, Hawai`i, May 19, 2004.


John H. Murphy,
for the defendant-appellant
Roy Rita, on the motion