NO. 25510


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee,


vs.


ALOMALIETOA SUA, Defendant-Appellant.



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 00-1-2546)




ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.,
and Acoba, J., dissenting)

The motion for reconsideration filed on February 28, 2005 by the defendant-appellant, Alomalietoa Sua, requesting that this court review its summary disposition order, filed on February 17, 2005, is hereby denied.

DATED: Honolulu, Hawai`i, March 10, 2005.


Dwight C.H. Lum, for
the defendant-appellant
Alomalietoa Sua,
on the motion



Having dissented in the summary disposition order, I respectfully dissent and would grant the motion for reconsideration.
(J. Acoba)