State v. Walker (Order Granting State of Hawaii's Motion for Publication of Summary Disposition Order and Vacating Summary Disposition Order filed on July 20, 2009)

NO. 28670

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
JOHN BILLAM-WALKER, Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(FC-CR. NO. 06-1-1931)





ORDER GRANTING STATE OF HAWAII'S MOTION FOR PUBLICATION
OF SUMMARY DISPOSITION ORDER AND VACATING SUMMARY
DISPOSITION ORDER FILED ON JULY 20, 2009
(By: Foley, Presiding Judge, and Fujise, J.;
and Leonard, J., dissenting)

On July 20, 2009, this court issued a Summary Disposition Order in this appeal. On July 27, 2009, Plaintiff-Appellee State of Hawai‘i (State) filed a Motion for Publication of Summary Disposition Order, seeking to have this court's Summary Disposition Order issued as a published Opinion. On July 31, 2009, Defendant-Appellant John Billam-Walker (Walker) filed a memorandum in opposition to the motion.

Upon consideration of the State's motion for publication and Walker's memorandum in opposition,

IT IS HEREBY ORDERED that the State's Motion for Publication of Summary Disposition Order is granted.

IT IS FURTHER ORDERED that the July 20, 2009 Summary Disposition Order of this court is vacated and an opinion for publication will follow.

DATED: Honolulu, Hawai‘i, August 11, 2009.

Because I only concurred in the result of this Summary Disposition Order, I would deny the motion for publication.
(Judge Leonard)