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


NO. 27037





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI'I, Plaintiff-Appellee,
v.
JOHN P. SOUZA, Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 03-1-2024)




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

The Opinion of the court, filed on August 7, 2008, is hereby corrected as follows:

    1.     On page 12, in the eighth line from the top, a closing quotation mark should be inserted after the word "income" and before the closing parenthesis so that as corrected, the text reads as follows: ". . . wages are not income"); United States v. Gerads . . . ."

    2.     On page 17, in the fifth line of the first full paragraph, the comma between the words "agencies" and "before" should be deleted so that as corrected, the text reads as follows: ". . . and other agencies before he filed . . . ."

    3.     On page 20, in the seventeenth line of the first full paragraph, a hyphen should be added between "faith" and "misunderstanding" so that as corrected, the text reads as follows: "have a good-faith-misunderstanding-of-the-law defense."

    4.     On page 23, in the tenth line from the top, the word "Inspector" should be inserted before "Hironaka's" so that as corrected, the test reads as follows: "Inspector Hironaka's testimony constituted . . . ."

    5.     On page 23, in the seventh and eighth lines of footnote 17, an "s" should be added at the end of the word "State" in both case citations so that as corrected, the citations read as follows: "United States v. Hiett, 581 F.2d 1199, 1202 (5th Cir. 1978); United States v. Bender, 218 F.2d 869, 871-72 (7th Cir. 1955)."

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, September 4, 2008.



1.     Watanabe, Presiding Judge, Foley, and Nakamura, JJ.