State v. Young

Electronically Filed
Supreme Court
SCWC-13-0002226
07-OCT-2014
08:58 AM
SCWC-13-0002226
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
STATE OF HAWAI'I,
Respondent/Plaintiff-Appellee,
vs.
MARTIN YOUNG,
Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0002226; CR. NO. 12-1-1580)
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 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) (2012),
IT IS HEREBY ORDERED that Petitioner’s application for
writ of certiorari, filed September 30, 2014, is dismissed
without prejudice to re-filing the application pursuant to HRAP
Rule 40.1(a) (2014) (“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, October 7, 2014.
Glenn D. Choy /s/ Mark E. Recktenwald
for petitioner
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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