NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


NO. 28133




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







STATE OF HAWAI`I, Plaintiff-Appellee,
v.
WALTER WAYNE DEGUAIR, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 92-0509)







ORDER DENYING THE DECEMBER 21, 2006 MOTION FOR RECONSIDERATION
(By: Burns, C.J., Lim and Foley, JJ.)

Upon review of (1) the November 30, 2006 order granting Plaintiff-Appellee State of Hawaii's November 21, 2006 motion to dismiss the appeal of Defendant-Appellant Walter Wayne DeGuair (Appellant), (2) Appellant's December 21, 2006 Motion for Reconsideration of the November 30, 2006 order pursuant to Rule 40 of the Hawai`i Rules of Appellate Procedure, and (3) the record,

IT IS HEREBY ORDERED that Appellant's December 21, 2006 Motion for Reconsideration of the November 30, 2006 order pursuant to HRAP Rule 40 is denied.

DATED: Honolulu, Hawai`i, December 29, 2006.