NO. 27504



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




FREDILITO D. ABEJON, Petitioner/Petitioner-Appellant


vs.


STATE OF HAWAI`I, Respondent/Respondent-Appellee



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P.P. NO. 05-1-0035 (CR. NO. 99-2335))




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

It appearing that the judgment on appeal in the above-referenced matter has not been entered by the Intermediate Court of Appeals, see Hawaii Revised Statutes § 602-59(a) (Supp. 2006); see also Hawai`i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2006),

IT IS HEREBY ORDERED that Petitioner/Petitioner-Appellant Fredilito D. Abejon's application for writ of certiorari, filed on April 9, 2007, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) ("No later than 90 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order, any party may apply in writing to the supreme court for a writ of certiorari.").

DATED: Honolulu, Hawai`i, April 10, 2007.



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