Electronically Filed Supreme Court SCAP-XX-XXXXXXX 16-OCT-2025 08:52 AM SCAP-XX-XXXXXXX Dkt. 43 ODMR IN THE SUPREME COURT OF THE STATE OF HAWAII

STATE OF HAWAIʻI, Plaintiff-Appellee, vs. BERNARD BROWN, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CAAP-XX-XXXXXXX; CASE NO. 2CPC-XX-XXXXXXX) ORDER DENYING MOTION FOR RECONSIDERATION (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ. 1) Upon consideration of Defendant-Appellant Bernard Brown’s motion for reconsideration of the opinion filed on September 30, 2025 and the record herein, It is ordered that the motion is denied.

DATED: Honolulu, Hawaiʻi, October 16, 2025.

/s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Lisa M. Ginoza /s/ Vladimir P. Devens

1 Chief Justice Mark E. Recktenwald, who was a member of the court when the case was decided, retired on September 30, 2025.