State v. Nichiolson (Order Granting State of Hawai'i's Motion for Publication of Sumamry Disposition Order)

NO. 27555

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

RODNEY L. NICHOLSON, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 03-1-2404)




ORDER GRANTING STATE OF HAWAI‘I'S MOTION FOR
PUBLICATION OF SUMMARY DISPOSITION ORDER
(By: Nakamura, Presiding Judge, Fujise, and Leonard, JJ.)

On March 31, 2009, this court issued a Summary Disposition Order in this appeal. On April 8, 2009, Plaintiff-Appellee State of Hawaii (State) filed a "Motion for Publication of Summary Disposition Order," (Motion for Publication) seeking to have this court's Summary Disposition Order issued as a published opinion.

Upon consideration of (1) the State's Motion for Publication and (2) Defendant-Appellant Rodney L. Nicholson's opposition to that motion,

IT IS HEREBY ORDERED that the State's Motion for Publication is granted.

IT IS FURTHER ORDERED that the March 31, 2009, Summary Disposition Order of the Intermediate Court of Appeals is vacated and that a published opinion will be issued.

DATED: Honolulu, Hawai‘i, April 30, 2009.

Deirdre Marie-Iha
Deputy Solicitor General
Dorothy D. Sellers
Solicitor General
Appellate Division
Department of the Attorney General,
on the motion for plaintiff-appellee

Shawn A. Luiz,
on the opposition for
defendant-appellant