Electronically Filed Supreme Court 29445 11-AUG-2011 11:26 AM

NO. 29445

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Petitioner/Plaintiff-Appellee

vs.

CEDRIC K. KIKUTA, Respondent/Defendant-Appellant

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (FC-CR. NO. 07-1-0056)

ORDER OF CORRECTION (By: Acoba, J., for the court1 )

Upon review of the majority opinion filed herein on

June 8, 2011, it appears that the statute referred to on page 47,

line 1, is in error, therefore,

IT IS HEREBY ORDERED that the statute referred to on

the first line of page 47 is corrected from HRS § 707-702(2) to

HRS § 707-712(2), so that the line reads as follows:

759, 764 (2d Cir. 1981).)). A plain reading of

HRS § 707-712(2),

Considered by Recktenwald, C.J., Nakayama, Acoba, Duffy, and Circuit Judge Wilson, assigned due to a vacancy.

The clerk of the court is directed to take all necessary steps to

notify the publishing agencies of this change.

DATED: Honolulu, Hawai'i, August 11, 2011.

FOR THE COURT:

/s/ Simeon R. Acoba, Jr.

Associate Justice