NO. 26362



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellee


vs.



EDWARD ALEXANDER SMITH, Defendant-Appellant




APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT
WAILUKU DIVISION
(CASE NO. 02-97873)




ORDER
(By: Duffy, J. for the court (1))

Upon consideration of appellant's letter of November 29, 2006, which is deemed a motion for extension of time to file an application for a writ of certiorari, it appears that HRS § 602-59(c) (Supp. 2005), as amended by Act 149, 2006 Hawai`i Session Laws, does not authorize the appellate court to extend the ninety-day period for filing an application for a writ of certiorari. Therefore,

IT IS HEREBY ORDERED that the motion for extension of time to file an application for a writ of certiorari is denied.

DATED: Honolulu, Hawai`i, December 11, 2006.



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