IN THE SUPREME COURT OF THE STATE OF HAWAI`I

--- o0o ---


STATE OF HAWAI`I, Plaintiff-Appellee

vs.

ANDREW KAMANA`O, Defendant-Appellant.


NO. 25271

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(Criminal No. 56708)

APRIL 8, 2004

ORDER DENYING WRIT OF MANDAMUS DIRECTED TO A JUDGE
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Defendant-Appellant Andrew Kamanao's writ of mandamus directed to a judge pursuant to HRAP Rule 21(a), which was filed in this appeal on April 5, 2004, the papers in support, and the records and files herein, it appears that: (1) on December 3, 2003, this court issued an opinion vacating Appellant's sentence and remanding the case to the circuit court for resentencing; (2) on December 26, 2003, this court entered the notice and judgment on appeal; and (3) upon the entry of the notice and judgment on appeal, this court no longer has jurisdiction to consider requests for relief in this closed appeal. Therefore,

IT IS HEREBY ORDERED that the writ of mandamus directed to a judge is denied without prejudice to Appellant seeking relief in the circuit court.

Andrew Kamana`o,
defendant-appellant
on the writ