State v. Behrendt (Order Denying State of Hawaii's Motion to Reconsider by Addressing Count 4)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 29191

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
ROBERT JAMES BEHRENDT aka RUNNING BEAR, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 07-1-0061K)




ORDER DENYING STATE OF HAWAI‘I'S
MOTION TO RECONSIDER BY ADDRESSING COUNT 4
(By: Nakamura, C.J., Foley and Fujise, JJ.)

Upon consideration of the State of Hawai‘i's Motion to Reconsider by Addressing Count 4 and the supporting memorandum filed on November 13, 2009 and the records and files of this case,

IT IS HEREBY ORDERED that the motion is denied because Behrendt's conviction and sentence as to Count 4 was not raised in this appeal and therefore was not addressed. Count 4 remains undisturbed in this appeal's disposition.

DATED: Honolulu, Hawai‘i, November 24, 2009.

On the motion:

Linda J. Walton,
Deputy Prosecuting Attorney,
County of Hawai‘i,
for Plaintiff-Appellee.