IN THE INTERMEDIATE COURT OF APPEALS



OF THE STATE OF HAWAII





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STATE OF HAWAII, Plaintiff-Appellee, v.

KEOKI A. ASTRONOMO, Defendant-Appellant





NO. 22221





APPEAL FROM THE SECOND CIRCUIT COURT

(CR. NO. 98-0218(3))





DECEMBER 21, 2000





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





ORDER GRANTING MOTION FOR RECONSIDERATION

AND VACATING OPINION OF THE COURT

Upon consideration of Defendant-Appellant's Motion for Reconsideration of Published Opinion Filed December 6, 2000, the memorandum in support, and the files and records herein,

IT IS HEREBY ORDERED that the motion is granted, and the opinion of the court entered on December 6, 2000 is vacated. A new opinion shall be entered.





Earle A. Partington

  on the motion for

  Defendant-Appellant.



Simone C. Polak,

  Deputy Prosecuting Attorney,

  City and County of Honolulu,

  for Plaintiff-Appellee.