NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 28575




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

ROBIN CANTIBEROS, Defendant-Appellant





APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(TRAFFIC CITATION NO. 3DTC-06-038359)





ORDER DENYING MOTION FOR RECONSIDERATION
(By: Watanabe, Presiding Judge, Foley, and Nakamura, JJ.)

Defendant-Appellant Robin Cantiberos (Cantiberos) filed a Motion for Reconsideration ex offico on June 25, 2008. Cantiberos's motion asks this court to reconsider, pursuant to Hawai‘i Rules of Appellate Procedure (HRAP) Rule 40 (2008), the Summary Disposition Order we filed on June 12, 2008. HRAP Rule 40(a) provides in relevant part that "[a] motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling . . . ." The ten day period under HRAP Rule 40(a) begins to run upon the filing of the dispositional order, and not upon a party's receipt of the dispositional order.

Cantiberos did not file his motion for reconsideration within the time period required by HRAP Rule 40(a). Therefore,

IT IS HEREBY ORDERED that Cantiberos's Motion for Reconsideration is denied as untimely.

DATED: Honolulu, Hawai‘i, July 2, 2008.


On the motion:


Robin Cantiberos
Defendant-Appellant
Pro Se