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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FRANK O. LOHER, Petitioner-Appellant, v.
STATE OF HAWAI‘I, Respondent-Appellee



NO. 27844





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 05-1-0067; CR. NO. 99-0-1621)




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

IT IS HEREBY ORDERED that the Opinion of the Court, filed on July 14, 2008, is hereby corrected as follows:

1.     At page 13, 4th line from the bottom, after the word Ring, but before the comma, insert the following: (Loher apparently was referring to Ring v. Arizona, 536 U.S. 584 (2002) so the line reads: "accordance with Apprendi, Ring (Loher apparently was referring to Ring v. Arizona, 536 U.S. 584 (2002), and Blakely;". . .

2     At page 29, 6th line from the top, delete the second comma and "485" so the line reads: "38, 79 P.3d 131 (2003); State v. Rivera, 106 Hawai‘i 146,". . .

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, July 31, 2008.


1.      Recktenwald, C.J., Watanabe and Leonard, JJ.