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.