State v. Hulihee (Order of Amendment)

NO. 19869

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, ) POLICE REPORT NO. E-63913/HL

) E-63916/HL

Plaintiff-Appellee, )

)

v. )

)

KEITH HULIHEE, )

)

Defendant-Appellant. )

______________________________)

ORDER OF AMENDMENT

In the above-entitled matter,

The opinion of the court filed on May 22, 1998 is amended as set forth below.

At page 11, the last paragraph of footnote 3 is amended to read as follows:

Id. at 544 (citation omitted); see also Adams v. State, 697 P.2d 622, 625 (Wyo. 1985); State v. Holloran, 669 A.2d 800 (N.H. 1995) (holding that evidence was sufficient to support conviction for DUI where truck legally parked, lights off, defendant in driver's seat and defendant exhibited signs of drunkenness); State Ex Rel. McDougall v. Superior Court, 845 P.2d 508, 511 (Ariz. Ct. App. 1992) (stating that the element of actual physical control is shown where the defendant has the apparent ability to start and move the vehicle).

The clerk of the court is hereby directed to incorporate the foregoing change in the original opinion.

DATED: Honolulu, Hawai`i, June 1, 1998.