State v. Holbron (Order Dismissing Application for Writ of Certiorari)

NO. 24974

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I,
Plaintiff-Appellee-Respondent,

vs.

ROBERT A. HOLBRON,
Defendant-Appellant-Petitioner,

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 96-0494)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the application for a writ of certiorari filed on September 14, 2004, by the defendant-appellant-petitioner Robert A. Holbron, the same, being untimely, is hereby dismissed for lack of appellate jurisdiction. See Hawai`i Revised Statutes § 602-59(c); Hawai`i Rules of Appellate Procedure Rule 40.1(a); Korsak v. Hawai`i Permanente Med. Group, 94 Hawai`i 297, 305, 12 P.3d 1238, 1246 (2000) (dismissing certiorari proceedings for lack of appellate jurisdiction because petitioner's application for writ of certiorari was untimely, inasmuch as the application was filed two days after the thirty day deadline).

DATED: Honolulu, Hawai`i, September 23, 2004.

Jacob Merrill,
for defendant-appellant
on the writ