Electronically Filed Supreme Court SCWC-XX-XXXXXXX 25-MAR-2021 11:05 AM Dkt. 22 ODMR SCWC-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Respondent/Plaintiff-Appellee, vs BENITO MARROQUIN, III aka BENNY MARROQUIN, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CR. NO. 3PC16100117K ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., Nakayama, and McKenna, JJ., and Wilson J., dissenting)1 Upon consideration of Petitioner’s motion for reconsideration filed on March 19, 2021 and the record herein, IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawaiʻi, March 25, 2021.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna 1 Associate Justice Richard W. Pollack, who was a member of the court when the oral argument was held, retired from the bench on June 30, 2020.