NO. 27051


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee

vs.


WALTER LEROY APANA, Defendant-Appellant



APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
(TR2-6 OF 10/21/04)



ORDER DENYING RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

By letter dated June 1, 2005 Defendant-Appellant Walter Leroy Apana appears to object to the April 12, 2005 dismissal of his appeal. We view Appellant's letter as a motion for reconsideration of our April 12, 2005 dismissal order. Under Rule 40(a) of the Hawai`i Rules of Appellate Procedure, reconsideration must be sought within ten (10) days after entry of a dispositional order. Therefore,

IT IS HEREBY ORDERED that Appellant's motion for reconsideration is denied.

DATED: Honolulu, Hawai`i, June 15, 2005.