NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28492
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
v.
and
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
The Memorandum Opinion, filed on September 22, 2009, is hereby corrected as follows:
1. On page 3, in the fifth line, the word "a" should be inserted between the words "is" and "two-laned" so that as corrected, the text reads: ". . . Ala Ilima is a two-laned road . . . ."
2. On page 8, in the seventh line, the word "an" between the words "hour" and "forty-five" should be replaced with the word "and" so that as corrected, the text reads: "-- an hour and forty-five minutes-- . . . ."
3. On page 11, in the last line of the page, the word "the" should be inserted between the words "of" and "man's" so that as corrected, the text reads: ". . . of the man's face, Keola testified, . . . ."
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, October 5, 2009.
1. Nakamura, Chief
Judge, Watanabe, and Leonard, JJ.