September 5, 2013
STATE OF HAWAI'I, Plaintiff-Appellee,
PAUL J. MATTES, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 05-1-1092)
Nakaraura, Chief Judge, and Leonard, J., with Fujise, J., dissenting
ORDER DENYING MOTION FOR RECONSIDERATION
Upon consideration of the "Motion for Reconsideration" filed by Defendant-Appellant Paul J. Mattes on August 26, 2013, and the record and files in this case, it is hereby ordered that the motion is denied. See State v. Rivera, No. CAAP-11-0000774, 2012 WL 4344185, at *2 (Hawai'i App. Sept. 24, 2012) (SDO); State v. Shyanguya. No. 29655, 2012 WL 2383726, at *3-4 (Hawai'i App. June 25, 2012) (Memorandum Opinion).
With all due respect, I would have granted the motion for reconsideration. See State v. Sabala, No. CAAP-12-0000357 129 Hawai'i 295, 298 P.3d 1059, 2013 WL 1687547 (App. April 17, 2013) (SDO).