State v. Wagner ( 2016 )

Electronically Filed
Supreme Court
SCWC-13-0000056
13-JAN-2016
08:07 AM
SCWC-13-0000056
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I,
Respondent/Plaintiff-Appellee,
vs.
JOHN ALBERT WAGNER,
Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0000056; CR. NO. 11-1-001K)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, 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 writ of certiorari was
filed, see Hawai#i Revised Statutes § 602-59(a) (Supp. 2013); see
also Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1)
(2015),
IT IS HEREBY ORDERED that Petitioner/Defendant-
Appellant’s application for writ of certiorari, filed December
14, 2015, is dismissed without prejudice to re-filing the
application pursuant to HRAP Rule 40.1(a) (2015) (“The
application shall be filed within 30 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, January 13, 2016.
John Albert Wagner /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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