NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28468




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
JOHN ROBERT DESA, JR., Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 05-1-501)





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

The Summary Disposition Order, filed on October 29, 2008, is hereby corrected as follows:

    1.     On page 5, in line 3, the comma after "Count I" should be deleted so that as corrected, the text reads as follows: "conviction on Count I and remand the case for sentencing. . . ."

    2.     On page 8, in the first line of the paragraph under Section IV., the word "the" should be inserted between the words "of" and "circuit" so that as corrected, the text reads as follows: "We reverse the March 7, 2007, Judgment of the circuit court . . . ."

    3.     On page 8, in the second line of footnote 7, the word "the" should be inserted between the words "when" and "jury" so that as corrected, the text reads as follows: "greater charges when the jury returned guilty verdicts . . . ."

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, November 24, 2008.



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