NO. 26149
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
RAITA
FUKUSAKU, Petitioner-Appellant,
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 02-1-0087)
ORDER DISMISSING NOTICE OF
APPEAL AND PERMITTING
PETITIONER-APPELLANT TO
FILE AN APPROPRIATE APPLICATION
FOR WRIT OF CERTIORARI IN
ACCORDANCE WITH
HAWAII RULES OF APPELLATE
PROCEDURE RULE 40.1
(By: Duffy, J., for
the court
(1))
It appearing that (1) petitioner-appellant Raita Fukusaku filed a
"notice of appeal," seeking review of the Intermediate
Court of Appeals (ICA)'s September 12, 2006 Summary Disposition Order
(SDO) that affirmed the Circuit Court of the
First Circuit's May 30, 2003 order denying the Hawaii Rules of
Penal Procedure Rule 40 petition, (2) the appropriate
vehicle for seeking review of the ICA's SDO is an application for a
writ of certiorari, pursuant to Hawai`i Rules of
Appellate Procedure Rule 40.1 and Hawai`i Revised Statutes §
602-59, as amended by Act 149 of the 2006 Hawai`i Session
Laws, and (3) insofar as the ICA's judgment on appeal was filed on
September 26, 2006, the deadline to file the application
for a writ of certiorari will not expire until December 26, 2006,
IT IS HEREBY
ORDERED that the "Notice of Appeal" is dismissed, and Fukusaku may, if
he so chooses, file an
application for a writ of certiorari in accordance with HRAP Rule 40.1
The application must be filed by the close of
business on December 26, 2006.
DATED: Honolulu,
Hawai`i, November 14, 2006.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.