Espiritu v. State

Opinion

Electronically Filed

Supreme Court

SCWC-13-0000074

18-MAR-2015

01:54 PM

SCWC-13-0000074

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

CHRISTOPHER K. ESPIRITU, Petitioner/Petitioner-Appellant,

vs.

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

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0000074; S.P.P. NO. 12-1-0006; C.R. NO. 03-1-0635)

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) (2012), IT IS HEREBY ORDERED that Petitioner/Petitioner­ Appellant’s application for writ of certiorari, filed

March 16, 2015, 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

2

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, March 18, 2015.

Christopher K. Espiritu /s/ Mark E. Recktenwald petitioner pro se

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson