State v. Alderwerelt (Order Dismissing Application for Writ of

NO. 26161

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

---

STATE OF HAWAI`I, Respondent-Appellant

vs.

DEREK VAN ALDERWERELT, Petitioner-Appellee

---

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(FC-CR NO. 03-1-0242)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI AS UNTIMELY

(By: Nakayama, J., for the court ⁽¹⁾)

Petitioner-Appellee's application for writ of certiorari filed ex officio on September 30, 2005, is hereby dismissed as untimely.

DATED: Honolulu, Hawai`i, October 13, 2005.

Joel Edelman for
petitioner-appellee
on the writ

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