NO. 27537



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Respondent-Appellee,

vs.


TODD NISHIHARA, Petitioner-Appellant.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 05-1-0709)





ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI
(By: Nakayama, J., for the court (1)
and Acoba, J., dissenting)

Petitioner-Appellant's application for writ of certiorari filed on January 2, 2007, is hereby rejected.

DATED: Honolulu, Hawaii, February 16, 2007.



Jonathan Burge for
petitioner-appellant
on the application




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