NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28247




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

CHAD E. GABRIS, Defendant-Appellant








APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 04-1-2525)




  ORDER OF AMENDMENT
(By: Foley, Presiding Judge, Nakamura, and Fujise, JJ.)

  The Summary Disposition Order of the court, filed on November 28, 2008, is hereby amended as follows:

    1.     On page 1, in the ninth line of the first paragraph, delete the close parenthesis after "§ 707-730(1)(c)" so that the statutory citation reads "Hawaii Revised Statutes (HRS) § 707-730(1)(c) (Supp. 2004)".

    2.     On page 2, in the fifth line from the top of the page, insert "(Count 3)" after the word "breast" so that the text reads: "his hands on her breast (Count 3)."

    3.     On page 4, in the second line of the first paragraph in Section B., join the words "cross" and "examination" with a hyphen to form the word "cross-examination".

    4.     On page 4, in the third line of the first paragraph in Section B., add a period after the "W" in the reference to "C.W" so that the text reads: "C.W. informed the DPA . . . ."

    5.     On page 4, in the second line of the first paragraph of the indented block-quoted material, place brackets around "C.W." so that the text reads: "speak with [C.W.] . . . ."

    6.     On page 7, in the sixth line from the top of the page, change "HRS" to "HRE" so that the text reads: "HRE Rule 106 . . . ."

    7.     On page 8, in the third line of the second paragraph, insert a comma after the initials "A.Q." so that the text reads: "Gabris and A.Q., and C.W. changed . . . ."

    8.     On page 8, in last line of text at the bottom of the page, change "State" to "prosecution" so that the text reads: "require the prosecution to discover relevant . . . ."

    9.     On page 9, in the first line from the top of the page, insert a close quotation mark after the period which ends the sentence.

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, December 23, 2008.