Case Information
*1 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 *2 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 2
