STATE OF HAWAII, Petitioner/Plaintiff-Appellee,
v.
LAWRENCE CORDER, Respondent/Defendant-Appellant.

No. 28877.

¶1Supreme Court of Hawaii.

December 23, 2009.

¶2Walter R. Schoettle, for respondent/defendant-appellant on the motion.

ORDER DENYING MOTION FOR RECONSIDERATION

¶4NAKAYAMA, DUFFY, and RECKTENWALD, JJ.; and ACOBA, J., dissenting, with whom MOON, C.J., joins.

¶5Upon consideration of the motion for reconsideration filed on December 16, 2009 by Respondent/Defendant-Appellant Lawrence Corder, requesting that this court review its opinion filed on November 19, 2009,

¶6IT IS HEREBY ORDERED that the motion for reconsideration is denied.

¶7DISSENT BY ACOBA, J., IN WHICH MOON, C.J., JOINS

¶8I dissent and would grant the motion for reconsideration.

STATE OF HAWAII, Petitioner/Plaintiff-Appellee, v. LAWRENCE CORDER, Respondent/Defendant-Appellant.

ORDER DENYING MOTION FOR RECONSIDERATION

STATE OF HAWAII, Petitioner/Plaintiff-Appellee,
v.
LAWRENCE CORDER, Respondent/Defendant-Appellant.