State v. Palencia ( 2013 )

Electronically Filed
Supreme Court
SCWC-11-0001083
29-JUL-2013
07:55 AM
SCWC-11-0001083
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I,
Respondent/Plaintiff-Appellee,
vs.
BRISON PALENCIA,
Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-11-0001083; CR. NO. 09-1-0114)
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 above-
referenced matter not having been filed by the Intermediate Court
of Appeals at the time the application for certiorari was filed,
see Hawai#i Revised Statutes § 602-59(a) (Supp. 2011); see also
Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),
IT IS HEREBY ORDERED that Petitioner/Defendant-
Appellant’s application for writ of certiorari, filed July 25,
2013, 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.”).
DATED: Honolulu, Hawai#i, July 29, 2013.
Glenn D. Choy
for petitioner /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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