FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-SEP-2020 07:58 AM

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

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STATE OF HAWAI#I, Plaintiff-Appellee, v. KEONI I. ROSA, JR., Defendant-Appellant

NO. CAAP-XX-XXXXXXX

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CRIMINAL NO. 1PC141000180)

SEPTEMBER 29, 2020

GINOZA, CHIEF JUDGE, LEONARD AND HIRAOKA, JJ.

ORDER OF CORRECTION (By: Leonard, J.)

IT IS HEREBY ORDERED that the Opinion of the court, filed on August 31, 2020, is hereby corrected as follows: At page 16, line 8 from top, delete the word "motion" after the word "which" so that the sentence now reads as follows: on the motion, DPD Ting moved to withdraw, which was FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

At page 27, line 16 from bottom, delete the "s" in the word "days" and insert a hyphen after the word "five" so that the sentence now reads as follows: multiple attempts to serve the defendant during the twenty-five-day period At page 28, line 11 from top, replace "Dectective" with "Detective" so that the sentence now reads as follows: warrant, but elected not to. Indeed, Detective Rockett's post- At page 30, line 10 from top, insert a comma after "2014" so that the sentence now reads as follows: Rosa argues that since his arrest on January 31, 2014, At page 32, line 11 from top, replace "be" with "been" so that the sentence now reads as follows: Rosa's Phone should have been suppressed.

At page 32, line 7 from bottom, insert "Rule 33" after the word "Procedure" and add an "s" to the word "provide" so that the sentence now reads as follows: Hawai#i Rules of Penal Procedure Rule 33 (HRPP) provides: At page 34, line 3 from bottom, replace "Mr. Ting" with "DPD Ting" so that the sentence now reads as follows: by [DPD Ting].

FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

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 this change.

DATED: Honolulu, Hawai#i, September 29, 2020.

/s/ Katherine G. Leonard Associate Judge