Electronically Filed
Supreme Court
28583
30-JUN-2011
12:23 PM
NO. 28583
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I,
Respondent and Petitioner/Plaintiff-Appellee
vs.
JENARO TORRES,
Petitioner and Respondent/Defendant-Appellant
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 05-1-2556)
ORDER GRANTING MOTION FOR RECONSIDERATION IN PART
(By: Acoba, J., for the court1)
Upon consideration of the motion for reconsideration
filed by Respondent and Petitioner/Plaintiff-Appellee State of
Hawai#i on May 2, 2011, requesting that this court review its
opinion filed on April 15, 2011, affirming the judgment of the
Intermediate Court of Appeals filed on January 7, 2010,
1
Court: Nakayama, Acting C.J., Acoba, and Duffy, JJ., Circuit
Judge Pollack in place of Recktenwald, C.J., recused, and Circuit Judge
Border, assigned due to a vacancy.
IT IS HEREBY ORDERED that the motion is granted in part
and an amended opinion shall be entered.
DATED: Honolulu, Hawai#i, June 30, 2011.
Deirdre Marie-Iha, /s/ Paula A. Nakayama
Deputy Solicitor
General, and Susan Y.N. /s/ Simeon R. Acoba, Jr.
Won, Deputy Attorney
General, State of Hawai#i, /s/ James E. Duffy, Jr.
on the motion for
Respondent and Petitioner/ /s/ Richard W. Pollack
Plaintiff-Appellee State
of Hawai#i. /s/ Patrick W. Border
2