State v. Green

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-DEC-2023
08:12 AM
Dkt. 68 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
JAMES GREEN, JR., Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPC-XX-XXXXXXX)

ORDER
(By: Leonard, Presiding Judge, Nakasone and Guidry, JJ.)

Upon consideration of Defendant-Appellant James Green,

Jr.'s (Green) Motion For Reconsideration, filed on November 29,

2023, and the record, this court determines that reconsideration

is warranted to amend the Summary Disposition Order, filed on

November 20, 2023, as follows:

1. The first sentence of the last paragraph on page

12, including footnote 10, is deleted.
2. The first sentence of the first full paragraph on

page 13 is amended to read, "We thus affirm the Judgment without

prejudice to Green's filing of a petition for post-conviction

relief, pursuant to HRPP Rule 40, to allow for the development

of a factual record as to those contentions of ineffective

assistance."

3. The last sentence of the disposition, on pages 13-

14, is amended to add the word "amended" before "summary

disposition order."

Therefore, IT IS HEREBY ORDERED that the Motion for

Reconsideration is granted in part, and an Amended Summary

Disposition Order that incorporates the above amendments will be

filed forthwith.

IT IS HEREBY FURTHER ORDERED that, in all other

respects, the motion for reconsideration is denied.

DATED: Honolulu, Hawai‘i, December 7, 2023.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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