NO. 25360




IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Respondent/Plaintiff-Appellee


vs.


MICHAEL B. SAMSON, Petitioner/Defendant-Appellant


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 54402)





ORDER DENYING APPLICATION FOR WRIT OF CERTIORARI
(By: Acoba, J., for the court (1))

Upon consideration of Petitioner/Defendant-Appellant's Application for a writ of certiorari to the Intermediate Court of Appeals seeking review of the summary disposition order filed on May 6, 2004, the papers in support, and the records and files herein,

IT IS HEREBY ORDERED that the application for a writ of certiorari filed on August 2, 2004 is dismissed as untimely. See HRS § 602-59(c) (an application for a writ of certiorari may be filed with the supreme court no later than thirty days after the filing of the decision of the Intermediate Court of Appeals); see also HRAP Rule 40.1 (no later than thirty days after the filing of a dispositional order, any party may apply in writing in the supreme court for a writ of certiorari).

DATED: Honolulu, Hawai`i, August 12, 2004.



Michael B. Samson, petitioner/
defendant-appellant, pro se,
on the writ.



1.      Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.