NOT OF PUBLICATION


NO. 26365



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





EUGENE JAMES HUTCH, Petitioner-Appellant v.
STATE OF HAWAI`I, Respondent-Appellee





APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 02-1-0074)







ORDER OF AMENDMENT
(By: Watanabe, Acting C.J., Foley and Nakamura, JJ.)

IT IS HEREBY ORDERED that the Summary Disposition Order of the court filed on May 12, 2005, is amended as follows:

1.     The names and designations of the parties in the caption on page 1 shall be deleted and replaced with the following:

EUGENE JAMES HUTCH, Petitioner-Appellant v.
STATE OF HAWAI`I, Respondent-Appellee

2.     On page 1, in the first line of the body of the opinion, "Defendant-Appellant" shall be deleted and replaced with "Petitioner-Appellant."

3.     On page 3, under "On the briefs," the designation of Eugene James Hutch as "defendant-appellant pro se" shall be deleted and replaced with "petitioner-appellant pro se" and the designation of the State as "plaintiff-appellee" shall be deleted and replaced with "respondent-appellee."

The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion.

DATED: Honolulu, Hawai`i, May 18, 2005.