NOS. 22454 and 22455



IN THE INTERMEDIATE COURT OF APPEALS



OF THE STATE OF HAWAII





STATE OF HAWAII, Plaintiff-Appellee, v.

VIRGIL LEE PORTER, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(Cr. Nos. 92-332 and 93-352)





SUMMARY DISPOSITION ORDER

(By: Burns, C.J., Watanabe, and Lim, JJ.)



In accordance with Hawaii Rules of Appellate Procedure Rule 35, and after carefully reviewing the record and the briefs submitted by the parties, and duly considering and analyzing the law relevant to the arguments and issues raised by the parties,

IT IS HEREBY ORDERED that the judgments filed on April 22, 1999 and on April 21, 1999, from which the appeal is taken, are affirmed.

DATED: Honolulu, Hawaii, January 25, 2001.



On the briefs:



Theodore Y. H. Chinn,

Deputy Public Defender,

State of Hawaii, for

defendant-appellant.



Michael J. Udovic,

Deputy Prosecuting Attorney,

Count of Hawaii, for

plaintiff-appellee.