NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 27728





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I







STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
AIRINO ASARIN, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 04-1-1257)





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

The Memorandum Opinion of the court, filed on March 19, 2008, is hereby corrected as follows:

1.     On page 3, line 27, the word "the" should be inserted between the words "to" and "sides," so that as corrected, the text reads as follows: ". . . parallel to the sides of . . . ."

2.     On page 8, line 13, the word "the" that appears between the words "that" and "there" should be deleted, so that as corrected, the text reads as follows: "Asarin does not contend that there was any error in . . . ."

3.     On page 8, line 35 (which is also line 1 of paragraph 8 of the block quote at the bottom of the page), the word "extreme" should be inserted between the words "the" and "mental," so that as corrected, the text reads as follows: "Two, that there is a reasonable explanation for the extreme mental

. . . ."

4.     On page 8, line 42 (which is also the second line from the bottom of the page), the word "extreme" should be inserted between the words "induced" and "emotional," so that as corrected, the text reads as follows: ". . . reasonably induced extreme emotional reaction . . . ."

5.     On page 9, line 37 (which is also the last line of the second paragraph of the block quote at the bottom of the page), the word "a" should be inserted between the words "only" and "manslaughter," so that as corrected, the text reads as follows: ". . . a murder becomes only a manslaughter."

6.     On page 16, line 18, the word "the" that appears between the words "vacated" and "Espiritu's" should be deleted, so that as corrected, the text reads as follows: "The Hawai‘i Supreme Court vacated Espiritu's . . . ."

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, April 16, 2008.



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