NO. 26359



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I






STATE OF HAWAI‘I, Respondent-Appellee,

vs.

ALFRED J. ROMAN, Petitioner-Appellant.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-CR NO. 02-1-0350)



ORDER OF AMENDMENT
(By Moon, C.J., for the court (1))

IT IS HEREBY ORDERED that the opinion of the court, filed on September 11, 2008, is amended as follows:

Page 1, second line from the bottom: The reference to "(Dissent by Foley, J.)" is deleted and replaced with "(Nakamura, J., dissenting)."

The Clerk of the Court is directed to incorporate the foregoing change in the original opinion and take all necessary steps to notify the publishing agencies of the aforementioned change.

DATED: Honolulu, Hawai‘i, September 17, 2008.



1.      Court: Moon, C.J., Levinson, and Duffy, JJ.; Nakayama and Acoba, JJ., concurred separately in the opinion of the court.