State v. Maldonado (Order Denying Motion for Reconsideration)

NO. 25606

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

________________________________________________________________________________________________

STATE OF HAWAI‘I, Plaintiff-Appellee

vs.

JOBERT L. MALDONADO, Defendant-Appellant

                                                           _________________________________________________________________      

APPEAL FROM THE FIRST CIRCUIT COURT
(CR. 02-1-1297)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., for the court ⁽¹⁾)

Upon consideration of the motion for reconsideration of the November 30, 2005 order approving in part attorney's fee request and compensation for necessary expenses, it appears that the time for filing a response to the application for a writ of certiorari was not increased by two days pursuant to HRAP 26(c) inasmuch as HRAP 26(c) applies only when the time for acting is measured from service of a paper (i.e. HRAP 27(a), 28(c), 28(d)) and the time for filing a response to an application for a writ of certiorari is measured from the filing of the application, not the service of the application. See HRAP 40.1(e). Therefore,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai‘i, December 14, 2005.

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