IN THE INTERMEDIATE COURT OF APPEALS



OF THE STATE OF HAWAII





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STATE OF HAWAII, Plaintiff-Appellee, v.

WILLIAM K. NAONE, Defendant-Appellant





NO. 20944





SECOND ORDER OF AMENDMENT



(FC-CR NO. 90-0006)





DECEMBER 17, 1999





BURNS, C.J., WATANABE, AND ACOBA, JJ.



The dissenting opinion of Acoba, J., filed with the majority opinion on December 2, 1999, is amended by adding footnote No. 2 after the quotation mark on page 7, line 16 from the top, as follows:

2/ The stipulation and order was not limited to incriminating statements and broadly stated:



The parties in the above entitled case stipulate that any statements made, or written documents signed by William K. Naone for treatment regarding the incident or related to the incident in the above-entitled matter will not be used in this proceeding or any other proceeding against him.



DATED: Honolulu, Hawaii, July 7, 1995.



Further, all subsequent footnotes shall be numbered accordingly.

The Clerk of the Court is directed to incorporate the foregoing changes in the original dissenting opinion.



SIMEON R. ACOBA, JR.

Associate Judge