NOT FOR PUBLICATION


NO. 25888



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





STATE OF HAWAI`I, Plaintiff-Appellee, v.
JON KAAPUNI, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
(CASE NOS. TR 4 & TR 5: 05/13/03,
CITATION NOS. 00155623M & 00145612M)



ORDER DENYING MOTION FOR RECONSIDERATION
(By: Burns, C.J., Foley and Nakamura, JJ.)

Upon review of Appellee's Motion for Reconsideration filed on February 22, 2005, and the records and files herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, March 2, 2005.



Arleen Y. Watanabe,
Deputy Prosecuting Attorney,
County of Maui,
for Plaintiff-Appellee
on the motion