NOT FOR PUBLICATION


NO. 26213



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellee, v.
DANIEL K. MATIAS, Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 02-1-0308)



SUMMARY DISPOSITION ORDER
(By: Lim, Acting C.J., Foley and Nakamura, JJ.)

Daniel K. Matias appeals the October 17, 2003 judgment of the Circuit Court of the Third Circuit (circuit court), the Honorable Terence T. Yoshioka, judge presiding, that convicted him of assault in the second degree and violation of an order for protection.

Upon a meticulous review of the record and the briefs submitted by the parties, and after careful consideration of the arguments advanced and the issues raised by the parties,

IT IS HEREBY ORDERED that the October 17, 2003 judgment of the circuit court is affirmed.

DATED: Honolulu, Hawai`i, April 25, 2005.


On the briefs:

Shawn A. Luiz,
for defendant-appellant.

Sandra L. S. Freitas,
Deputy Prosecuting Attorney,
County of Hawai`i,
for plaintiff-appellee.