IN THE INTERMEDIATE COURT OF APPEALS



OF THE STATE OF HAWAII





-o0o--





CLEMENT JIRO TOMOMITSU, Petitioner-Appellant, v.

STATE OF HAWAII, Respondent-Appellee





NO. 21545





ORDER OF AMENDMENT



(S.P.P. NO. 97-0049)





JANUARY 14, 2000





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





The concurring and dissenting opinion of Acoba, J., filed with the majority opinion on January 12, 2000, is amended as follows (additions are underscored):

1. Line 7 from the bottom of page 3: [h]e is armed with a dangerous instrument and . . . [h]e threatenes the imminent use of force against the person of

2. Line 1 from the bottom of page 3: another [by deception] with intent to deprive him of the property."

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



SIMEON R. ACOBA, JR.

Associate Judge