NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-DEC-2025 08:07 AM Dkt. 108 ODMR NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. KAI DELA CRUZ, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPC-XX-XXXXXXX)

ORDER (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the Motion for Reconsideration filed by Defendant-Appellant Kai Dela Cruz on December 18, 2025, and the record, it appears that Dela Cruz seeks reconsideration of the December 8, 2025 Summary Disposition Order in which we vacated his conviction and remanded for a new trial because of a deficient Tachibana colloquy, and did not address his contention that the trial court erred by denying his motion to suppress. He argues that "resolution of this point of error will provide guidance to the Circuit Court and the parties on remand." On remand, should Dela Cruz choose to renew his motion to suppress, the trial court will decide the motion based on the facts it finds after an evidentiary hearing, and the law.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Motion for Reconsideration is denied.

DATED: Honolulu, Hawai#i, December 22, 2025.

/s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge