NOT FOR PUBLICATION


NO. 26951




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I






STATE OF HAWAI`I, Plaintiff-Appellant, v.
ALDEN SHIMABUKURO, JR., Defendant-Appellee





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
CR. NO. 04-1-0235)






ORDER DENYING MOTION TO RECONSIDER
(By: Burns, C.J., Nakamura and Fujise, JJ.;)

Upon consideration of the "Motion to Reconsider Opinion Filed February 3, 2006" filed on February 13, 2006,

IT IS HEREBY ORDERED that said motion is denied.

DATED: Honolulu, Hawai`i, February 21, 2006.


Ricky R. Damerville,
Deputy Prosecuting Attorney,
County of Hawai`i,
for Plaintiff-Appellant
on the motion