*** NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER ***


NO. 27289



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I



STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee


vs.


GUY R. RAYMOND, Petitioner/Defendant-Appellant



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 04-1-0203)





ORDER AFFIRMING JUDGMENT ON APPEAL
(By: Moon, C.J., Levinson, Nakayama, and
Duffy, JJ.; and Acoba, J., Dissenting)

Petitioner/Defendant-Appellant Guy R. Raymond timely filed an application for a writ of certiorari from the judgment of the Intermediate Court of Appeals (ICA) dated April 13, 2007, entered pursuant to the summary disposition order dated February 7, 2007 in State v. Raymond, 2007 WL 404735 (App. 2007) which affirmed the April 13, 2005 judgment of the Circuit Court of the Second Circuit. (1) This court accepted certiorari on August 23, 2007, and subsequently ordered oral argument.

Upon careful review of the record and the briefs submitted by the parties, having given due consideration to the arguments advanced and the issues raised, and also having heard and carefully considered the parties' respective arguments at oral argument held on October 31, 2007,

IT IS HEREBY ORDERED that the ICA's April 13, 2007 judgment on appeal is affirmed.

DATED: Honolulu, Hawai‘i, November 26, 2007.



Kirsha K.M. Durante,
Deputy Public Defender,
(Deborah L. Kim, Deputy
Public Defender on the
application and briefs)
for petitioner/defendant-
appellant

Richard K. Minatoya,
Deputy Prosecuting Attorney,
(Artemio C. Baxa, Deputy
Prosecuting Attorney on the
brief) for respondent/
plaintiff-appellee




1.     The Honorable Shackley F. Raffetto presiding.