NO. 27093





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I







ROY RITA, Petitioner-Appellant, v.
STATE OF HAWAI`I, Respondent-Appellee






APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(S.P.P. NO. 04-1-0009)






ORDER DENYING APPELLANT'S MOTION FOR
RECONSIDERATION OF SUMMARY DISPOSITION ORDER
(By: Lim, Presiding Judge, Foley and Fujise, JJ.)

Upon consideration of Petitioner-Appellant Roy Rita's September 11, 2006, Motion for Reconsideration of the Intermediate Court of Appeals' Summary Disposition Order filed on July 27, 2006 and the records and files in this case,

IT IS HEREBY ORDERED that, pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 40(a) (2006), the motion is denied as untimely as Judgment was entered on August 30, 2006 in accordance with HRAP Rule 36 (2006).

DATED: Honolulu, Hawai`i, September 14, 2006.


On the motion:

Roy Rita,
Petitioner-Appellant pro se.