State v. Kalani (Order Amending the Opinion of the Court Filed on September 7, 2005)

NO. 26767

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Plaintiff-Appellee,

vs.

RONALD KALANI, Defendant-Appellant.

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APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT

(CR. NO. 04-1-0074(1))

ORDER AMENDING THE OPINION OF THE COURT
FILED SEPTEMBER 7, 2005
(By: Moon, C.J., for the court ⁽¹⁾)

The opinion of the court, filed on September 7, 2005, is amended as follows: The name of the complaining witness in the first paragraph in section I. "Background," second sentence, shall be deleted. The second sentence should read: "The prosecution alleged that, on January 5, 2004, Kalani kissed the nine-year-old complaining witness twice and that, on both occasions, Kalani inserted his tongue into her mouth."

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, September 8, 2005.

1.      Court: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.