May 15, 2013
STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
TEVITA UNGOUNGA, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS CAAP-11-0000585; CR. NO. 10-1-1738
Walter J. Rodby for petitioner Debbie L. Tanakaya for respondent
Nakayama, Acting C.J., Acoba, and McKenna, JJ. Circuit Judge Browning, in place of Recktenwald, C.J., recused, and Circuit Judge Nacino, in place of Pollack, J., recused.
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
Petitioner/Defendant-Appellant Tevita Ungounga's application for writ of certiorari filed on April 2, 2013, was filed more than thirty days after the filing of the ICA's December 18, 2012, judgment on appeal. The application is untimely and thus, this courts lacks appellate jurisdiction. See Hawai'i Revised Statutes § 602-59 (c) (Supp. 2011); Hawai'i Rules of Appellate Procedure Rule 40.1(a). Therefore,
IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed.