NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 28678




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I







STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
LAYTON KANE, Defendant-Appellant




APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 06-1-0610)




ORDER OF CORRECTION

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

The Memorandum Opinion, filed on March 25, 2009, is hereby corrected as follows:

    1.     On page 6, in the second line of the first paragraph in Section D., the word "As" should be replaced with the word "In" so that as corrected, the text should read: "In support of this claim, . . . ."

    2.     On page 7, in the tenth line of the only paragraph in Section E., a third close parenthesis should be added after the word "omitted" so that as corrected, the text should read: "(citations omitted))); State v. Apilando, . . . ."

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, April 22, 2009.




1.      Recktenwald, Chief Judge, Nakamura, and Leonard, JJ.