IN THE SUPREME COURT OF THE STATE OF HAWAI`I


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STATE OF HAWAI`I,
Plaintiff-Appellee-Petitioner,

vs.


BARDWELL EBERLY,
Defendant-Appellant-Respondent.



NO. 24750




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 97-2172)




JUNE 22, 2005



ORDER OF CORRECTION
(By: Levinson, J.)

The opinion of the court, filed on June 2, 2005, is hereby corrected as to page 16, footnote 7, line 2: "HRS § 702-702(2)" is stricken and "HRS § 707-702(2)" shall to be inserted.

The Clerk of the Court is directed to incorporate the foregoing change in the original opinion.