NO. 24185

IN THE SUPREME COURT OF THE STATE OF HAWAI`I



EUGENE J. HUTCH, Petitioner-Appellant


vs.

STATE OF HAWAI`I, Respondent-Appellee


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P.P. NO. 01-1-0006)
 

ORDER DISMISSING CERTIORARI PROCEEDING
(By Moon, C.J., Levinson, Nakayama, and Acoba, JJ.
and Circuit Judge Wilson, assigned by reason of vacancy)

Upon further consideration of the records and files in this case, it appears that the writ of certiorari herein was improvidently granted. Therefore,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, November 28, 2003.