IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I



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STATE OF HAWAI`I, Plaintiff-Appellee, v.
GLENN KEALOHA KUHIA, Defendant-Appellant





NO. 24440





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 99-2040)





August 13, 2004





SECOND ORDER OF AMENDMENT
(By: Burns, C.J., Foley and Nakamura, JJ.)

The opinion of the court, filed on July 29, 2004, is hereby amended as follows:

1. On page 15, line 10 of footnote 9, the initial page number referred to in the citation should be changed from "22" to "72." The citation should read: "State v. Reed, 77 Hawai`i 72, 82-83, 881 P.2d 1218, 1228-29 (1994) . . . ."

2. On page 25, line 10, last line of the second paragraph, the page referred to in the parallel cite should be changed from "1245" to "1254." The citation should read: "State v. Lee, 75 Haw. at 92, 856 P.2d at 1254."

3. On page 27, line 10, the name of the case in the citation is misspelled and should be changed from "Valvida" to "Valdivia."

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

DATED: Honolulu, Hawai`i, August 13, 2004.