FOR PUBLICATION


NO. 26161





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





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STATE OF HAWAI`I, Plaintiff-Appellant, v.
DEREK VAN ALDERWERELT, Defendant-Appellee







APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-CR. NO. 03-1-0242(2))





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

Upon consideration of the Motion for Reconsideration filed by Defendant-Appellee on August 23, 2005,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, August 29, 2005.