NO. 26362



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Respondent/Plaintiff-Appellee


vs.


EDWARD A. SMITH, Petitioner/Defendant-Appellant



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CASE NO. 02-97873)






ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

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

Upon consideration of Petitioner/Defendant-Appellant Edward A. Smith's second application for writ of certiorari and the record, it appears that: (1) on October 5, 2006, the Intermediate Court of Appeals filed a summary disposition order in the above-entitled matter; (2) on October 19, 2006, the Judgment on Appeal was filed; and (3) on January 12, 2007, the Supreme Court rejected Smith's application for writ of certiorari. Therefore,

IT IS HEREBY ORDERED that Petitioner/Defendant-Appellant Edward A. Smith's second application for writ of certiorari filed on February 28, 2007 is dismissed.

DATED: Honolulu, Hawai`i, March 12, 2007.


Edward A. Smith
petitioner/defendant-
appellant, pro se,
on the application




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