Batalona v. State

Opinion

Electronically Filed Supreme Court SCWC-16-0000428 11-AUG-2017 08:25 AM

SCWC-16-0000428

IN THE SUPREME COURT OF THE STATE OF HAWAII

ALBERT BATALONA, Petitioner/Petitioner-Appellant,

v.

STATE OF HAWAII, Respondent/Respondent-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P.P. NO. 10-1-0075; CR. NO. 03-1-0787)

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 a writ of

certiorari was filed, see Hawaii Revised Statutes § 602-59(a)

(2016); see also Hawaii Rules of Appellate Procedure (HRAP) Rule

36(b)(1) (2016),

IT IS HEREBY ORDERED that Petitioner’s application for

a writ of certiorari, filed July 31, 2017, 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, August 11, 2017.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson