IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Respondent/Plaintiff-Appellee
vs.
BENNY K. BENZON, Petitioner/Defendant-Appellant
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NOS. 87-0222 & 8-0223)
ORDER DENYING APPLICATION FOR
WRIT OF CERTIORARI
(By: Levinson, J., for the court (1))
Assuming arguendo that the Application for a Writ of Certiorari filed on March 25, 2003 by Petitioner/Defendant-Appellant Benny K. Benzon was timely filed, (2) upon consideration, the same is denied.
DATED: Honolulu, Hawai`i, April 4, 2003.
Benny K. Benzon, petitioner/
defendant-appellant, pro se,
on the writ.
1. Considered by: Moon, C.J., Levinson, and Nakayama, JJ., and Circuit Court Judge Waldorf in place of Acoba, J., unavailable, and Circuit Court Judge Cardoza, assigned by reason of vacancy.
2. Pursuant
to HRS § 602-59(c) (1993 & Supp. 2002), an application for writ
of certiorari must be filed within "thirty days after the filing of the
decision" by the Intermediate Court of Appeals. Although the writ of certiorari
was postmarked prior to the thirty-day deadline, it was not filed until
March 25, 2003, thirty-two days after the decision by the Intermediate
Court of Appeals. Inasmuch as we deny this writ for certiorari on other
grounds, we need not address the issue of the application's timeliness.