NO. 26503



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Respondent/Plaintiff-Appellee


vs.


EVAN KAKUGAWA, Petitioner/Defendant-Appellant,


and


JASON YOSHIMURA, BRANDEN KAKUGAWA, DON CABINIAN, and LAMAAR
RICHARDSON, also known as Lamaar Silva, Defendants.



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 01-1-2624)




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

The motion for reconsideration filed on July 6, 2006 by petitioner/defendant-appellant Evan Kakugawa, requesting that this court review its summary disposition order, filed on June 26, 2006, is hereby denied.

DATED: Honolulu, Hawai`i, July 13, 2006.



Dwight C.H. Lum,
for petitioner/defendant-
appellant Evan Kakugawa
on the motion




DISSENT BY ACOBA, J.

I would grant the motion for reconsideration, but on the grounds stated in my dissent to the June 26, 2006 summary disposition order.