State v. Rosa ( 2019 )

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
19-NOV-2019
02:03 PM
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
STATE OF HAWAII, Respondent/Plaintiff-Appellee,
vs.
AUSTIN H. ROSA, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CR. NO. 5CPC-XX-XXXXXXX)
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)
(2017); see also Hawaii Rules of Appellate Procedure (HRAP) Rule
36(b)(1) (2016),
IT IS HEREBY ORDERED that Petitioner’s application for
writ of certiorari, filed November 12, 2019, is dismissed
without prejudice to re-filing the application pursuant to HRAP
Rule 40.1(a) (2017) (“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, November 19, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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