NO. 24407


IN THE SUPREME COURT OF THE STATE OF HAWAI`I


STATE OF HAWAI`I, Respondent/Plaintiff-Appellee


vs.

JESSE SHANE CARVALHO, Petitioner/Defendant-Appellant


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 00-1-2355)


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

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

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai`i, February 20, 2003.