NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28448




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee, v.
JAMES MUNDON, Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(Cr. No. 05-1-0206)





ORDER DENYING MOTION FOR RECONSIDERATION
(By: Recktenwald, C.J., Watanabe, and Fujise,JJ.)

Upon consideration of Defendant-Appellant James Mundon's Motion for Reconsideration filed on March 9, 2009 of the Intermediate Court of Appeals' Summary Disposition Order filed on February 27, 2009, the declaration of counsel, and the records and files herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai‘i, March 12, 2009.

On the motion:

Stuart N. Fujioka
for Defendant-Appellant.