NO. 26823


IN THE SUPREME COURT OF THE STATE OF HAWAI‘I


STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,

vs.

LUTHER S. WILLIAMS, Petitioner/Defendant-Appellant.


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(HPD TRAFFIC NO. 003367800)


ORDER DISMISSING CERTIORARI PROCEEDINGS
(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.;
Acoba, J., Dissenting)


Upon further consideration of the records and files in this case, and it appearing that the writ of certiorari herein was improvidently granted,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai‘i, February 24, 2006.

Earle A. Partington, for
petitioner/defendant-

appellant, on the writ