NO. 27160



IN THE SUPREME COURT OF THE STATE OF HAWAI`I





STATE OF HAWAI`I, Plaintiff-Appellee,


vs.



LEOPOLDO SCHNEIDEWIND, Defendant-Appellant.






APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-CR NO. 04-1-0673)






ORDER DENYING DEFENDANT-APPELLANT'S
MOTION FOR RECONSIDERATION
(By: Moon, C.J., for the court (1))

Upon consideration of defendant-appellant's motion for reconsideration, filed October 16, 2006, the papers in support thereof, and the record herein,

IT IS HEREBY ORDERED that the motion is denied. Associate Justices Acoba and Duffy, having dissented from the majority's October 4, 2006 summary disposition order, do not concur and would grant the motion.

DATED: Honolulu, Hawai`i, October 25, 2006.


Cynthia A. Kagiwada,
for defendant-appellant,
on the motion



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