State v. Jim (Third Order of Amendment)

FOR PUBLICATION

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IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

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STATE OF HAWAI‘I, Plaintiff-Appellee, v.
HAROLD UHANE JIM, Defendant-Appellant; and
NORMAN MACOMBER, SR., SAMSON BROWN, PATRICK
KAHAWAIOLA‘A, and RICHARD KELA, SR., Defendants

NO. 25513

and

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
SAMSON BROWN and PATRICK KAHAWAIOLA‘A, Defendants-
Apellants; and HAROLD UHANE JIM, NORMAN McCOMBER, SR.,
and RICHARD KELA, SR., Defendants

NO. 25527

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 01-1-0401)
 
 

THIRD ORDER OF AMENDMENT
(By: Burns, C.J., Watanabe and Lim, JJ.)

In the above-entitled appeal, the opinion of the court, filed July 30, 2004, is hereby amended as follows:

On page 4, in the quotation following the first paragraph, line 4 of item no. 2 of the Findings of Fact, the part of the citation that reads "Haw. 186" should be deleted and replaced with "[Hawai‘i 168]" so that the entire line reads:

Congress. State v. Jim, 80 [Hawai‘i 168], 907 P.2d 754 (Hawaii

On page 4, line 2 from the bottom, the word "[time]" should be inserted after the word "jail" so that the entire line reads:

 
and Cr. No. 02-1-04, the remainder of [his] jail [time] in this case

On page 25, line 7 of the second paragraph, insert end quotation marks after the comma after the word "speech" so that the line reads:

 right to free speech," and (b) that because of . . .

On page 27, line 10 from the bottom, the page no. "476" is deleted and replaced with "[480]". The entire citation should read:

Cox, 379 U.S. at 564, 85 S.Ct. [480].

On page 29, line 4 of the paragraph, the "" in the word "Hawai‘i" is deleted. The word should read "Hawaii".

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

DATED:  Honolulu, Hawai‘i, November 26, 2004.
 
 

On the briefs:

Michael J. Udovic,
  Deputy Prosecuting Attorney,
  County of Hawaii,
  for Plaintiff-Appellee.
 

Jon N. Ikenaga,
  Deputy Public Defender,
  for Defendant-Appellant
  Harold Uhane Jim.

Samson Brown,
  Defendant-Appellant Pro Se.

Patrick Kahawaiola'a
  Defendant-Appellant Pro Se.