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Cheyne De La Garza v. State of Hawaii

IN THE SUPREME COURT OF THE STATE OF HAWAII


August 10, 2012

CHEYNE DE LA GARZA, PETITIONER/PETITIONER-APPELLANT.
v.
STATE OF HAWAII,
RESPONDENT/RESPONDENT-APPELLEE.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-11-0000595; S.P.P. NO. 10-1-0021(4); CR. NO. 08-0421(4))

Electronically Filed Supreme Court SCWC-11-0000595 10-AUG-2012

05:43 PM

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack JJ.)

It appearing that the judgment on appeal in the abovereferenced matter has not been entered by the Intermediate Court of Appeals, see Hawaii Revised Statutes § 602-59(a) (Supp. 2011); see also Hawaii Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),

IT IS HEREBY ORDERED that Petitioner/Petitioner-

Appellant's application for writ of certiorari, filed August 8,

2012, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2012) ("The application shall be filed within thirty days after the filing of the intermediate

court of appeals' judgment on appeal or dismissal order, unless the time for filing the application is extended in accordance with this rule.").

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack

20120810

© 1992-2012 VersusLaw Inc.



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