NOT FOR PUBLICATION


NO. 25345




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellant, v.
JERRY A. GALLARDO, Defendant-Appellee





APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 01-1-0746)





ORDER VACATING MEMORANDUM OPINION FILED MARCH 8, 2005
(By: Foley, J.)

The Memorandum Opinion filed in the above-entitled matter on March 8, 2005 is hereby vacated, sua sponte, and a new memorandum opinion shall be filed.

DATED: Honolulu, Hawai`i, March 10, 2005.