NO. 27020


IN THE SUPREME COURT OF THE STATE OF HAWAI‘I


BRANDON K. MATHIAS, Petitioner-Defendant-Appellant,

vs.

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

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 02-1-0566)


ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
WITHOUT PREJUDICE
(By: Nakayama, J., for the court (1))

Upon consideration of the application for writ of certiorari filed by Petitioner-Defendant-Appellant Brandon K. Mathias ("Mathias"), pro se, on June 18, 2007, and careful review of the record, we observe as follows:

(1) It appears from the record that Mathias remains represented by counsel, Jennie J. Park, Esq. ("Park").

(2) The Intermediate Court of Appeals' Judgment on Appeal was filed on April 19, 2007.

(3) It appears that counsel for Mathias may timely file an application for writ of certiorari on or before July 18, 2007.

Therefore,

IT IS HEREBY ORDERED that Mathias' application for writ of certiorari filed pro se is dismissed, without prejudice to a subsequent application for writ of certiorari being filed by his counsel within the time limit prescribed by Hawai‘i Rules of Appellate Procedure Rule 40.1(a) (2006). We note that counsel is responsible for her own calendaring and the timely filing of an application for writ of certiorari, if any, in the instant case.

DATED: Honolulu, Hawai‘i, June 28, 2007.

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