October 1, 2012
STATE OF HAWAII,
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-11-0000452; SPP NO. 10-1-0047 (CR. NOS. 96-0152 and 96-0725))
Electronically Filed Supreme Court SCWC-11-0000452 01-OCT-2012 09:05 AM
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
September 26, 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
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