NOT FOR PUBLICATION


NO. 26759




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





STATE OF HAWAI`I, Plaintiff-Appellee, v.
CALVIN FLOURNOY, JR., Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 95-0303(2))



SUMMARY DISPOSITION ORDER
(By: Lim, Acting C.J., Foley and Fujise, JJ.)

Calvin Flournoy, Jr. appeals, pro se, the July 12, 2004 order of the Circuit Court of the Second Circuit (circuit court), the Honorable Shackley F. Raffetto presiding, that denied his November 26, 2003 post-judgment motion, styled, "Rule 35 Motion to Correct Illegally Imposed Sentence."

After a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we affirm the July 12, 2004 order of the circuit court.

DATED: Honolulu, Hawai`i, August 1, 2005.


On the briefs:


Calvin Flournoy, Jr.,
Defendant-Appellant, pro se.

Artemio C. Baxa,
Deputy Prosecuting Attorney,
County of Maui,
for Plaintiff-Appellee.