LA\,»\J Lasa;>@av FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER lN THE INTERMEDIATE COURT OF APPEALS

¢*~Q ‘ ¢"-23 OF THE STATE OF HAWAl l §§ w iii ---oOo--- `d F” ig z §§ § `sV’ 55 § v . va mg C.t°; LH sTATE oF HAwAri, P1aintiff-Appei1ee, TIMOTHY A. WALSH, Defendant-Appellant NO. 2979O APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CRIMINAL NO. 08-l-O4l8(3)) ORDER OF AMENDMENT (By: Foley, Presiding Judge, Fujise and Reifurth, JJ.)

IT lS HEREBY ORDERED that the Published Opinion of the is amended as follows: line l, the word Court filed on May 26, 20lO, In the third paragraph on page l, should be deleted and replaced with the word "vacate" "reverse" so that the sentence reads: For the reasons discussed below, we vacate the line l4, the In the first full paragraph on page lO, word "reverse" should be deleted and replaced with the word "vacate" so that the sentence reads: therefore vacate and remand to the circuit court for a new 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 agency of this change.

Honolulu, Hawafi, May 27, 20lO. z ¢'Q,,L//Q\ Presiding Judge léssociate Jud Associate Judge