State v. Wilson (Order Affirming Amended Judgment on Appeal)

NO. 28478

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,

vs.

ERIC ANTHONY WILSON, Petitioner/Defendant-Appellant.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CR. NO. 05-1-2201)

ORDER AFFIRMING AMENDED JUDGMENT ON APPEAL

(By: Moon, C.J., Nakayama, Acoba, and Duffy, JJ.,

and Circuit Judge Ahn, assigned by reason of vacancy)

On March 20, 2009, petitioner/defendant-appellant Eric Anthony Wilson timely filed an application for a writ of certiorari from the judgment of the Intermediate Court of Appeals (ICA), dated January 29, 2009, entered pursuant to its January 7, 2009 memorandum opinion, vacating the March 14, 2007 judgment of the Circuit Court of the First Circuit. This court accepted the application on April 7, 2009 and temporarily remanded the case to the ICA with instructions to correct an internal inconsistency within its memorandum opinion with respect to the disposition of the case, as well as to issue an amended judgment consistent with its amended opinion. On April 14, 2009, the ICA issued an order amending its opinion and, concurrently, entered its amended judgment on appeal.

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised,

IT IS HEREBY ORDERED that the ICA's April 14, 2009 amended judgment on appeal is affirmed.

DATED: Honolulu, Hawai‘i, May 18, 2009.

Daphne E. Barbee, for
petitioner/defendant-appellant

Brian R. Vincent,
Deputy Prosecuting Attorney,
for respondent/plaintiff-
appellee

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No. 28478 State v. Wilson -- Order Affirming Amended Judgment on Appeal