FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER


IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





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STATE OF HAWAI`I, Plaintiff-Appellee, v.
ROBERT ANTHONY PADILLA, Defendant-Appellant



NO. 27300





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 03-1-2375)





ORDER OF CORRECTION
(By: Nakamura, J., for the court (1))

The Opinion of the court, filed on July 6, 2007, is hereby corrected as follows:

1.     At page 2, 7th line of text, the word "to" should be inserted between the words "were" and "run" so that the phrase is corrected to read as follows: ". . . Counts 3 and 4 were to run concurrently . . ."

2.     At page 5, 12th line of text, the word "the" should be inserted between the words "to" and "driver's-side" so that the phrase is corrected to read as follows: ". . . Mahelona came to the driver's-side door . . ."

3.     At page 20, 14th line of text, the word "offense" should be plural and corrected to read "offenses" so that the text is corrected to read as follows: ". . . if the offenses merge . . ."

< style="font-family: times new roman,times,serif;">4.     At page 20, 23rd line of text, the word "Count" should be inserted between "or" and "4" so that the phrase is corrected to read as follows: ". . . either Count 3 or Count 4 . . ."

5.     At page 22, 6th and 7th lines of text, there are erroneous references to "Court 3" and "Court 4." The word "Court" in those references should be corrected to read "Count" so that the text is corrected to read as follows: ". . . dismiss Count 3 or Count 4 . . ."

The clerk of the court is directed to incorporate the foregoing changes in the original opinion and take all necessary steps to notify the publishing agencies of these changes.

DATED: Honolulu, Hawai`i, August 16, 2007.



1.     Recktenwald, Chief Judge, Watanabe, and Nakamura, JJ.