State v. Gallant
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NO. 23686 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. RAYMOND J. GALLANT, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (TRAFFIC NO. 99-371536) (By: ORDER DENYING MOTION FOR RECONSIDERATION Moon, C.J., Levinson, Nakayama, and Ramil, JJ. and Acoba, J., Dissenting) Upon consideration of plaintiff-appellee State of Hawaii s motion for reconsideration of the summary disposition order filed on July 11, 2002, the papers in support, and the record and files herein, and because of this court s holding in State v. Jendrusch, 58 Haw. 279, 281, 567 P.2d 1242, 1244 (1977), that the proper remedy for a conviction based on an improperly charged offense is to reverse the conviction, and because this court need not address the status of convictions that are not appealed pursuant to Hawai#i Rules of Appellate Procedure Rule 28(b)(4), IT IS HEREBY ORDERED that the motion for reconsideration is denied. DATED: Honolulu, Hawai#i, Bryan K. Sano, Deputy Prosecuting Attorney, for plaintiff-appellee on the motion I disagree with the order to deny reconsideration because denial is inconsistent with this court s recent decision in State v. Sprattling, No. 22501, slip op. (Hawai#i Sept. 17, 2002).
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