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State v. Ungounga

Supreme Court of Hawaii

May 15, 2013

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
v.
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.


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