NO. 28766



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I,
Respondent/Plaintiff-Appellee


vs.


ALISON NOBORU MATSUDA,
Petitioner/Defendant-Appellant



APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 06-1-123)





ORDER DISMISSING APPLICATION FOR TRANSFER
(By: Moon, C.J. for the court (1))

Upon consideration of the application for transfer filed by petitioner/defendant-appellant Alison Noboru Matsuda on May 5, 2008, the papers in support and the record, it appears that the application for transfer was filed by petitioner pro se, but that petitioner is represented by appointed appellate counsel. Petitioner has not obtained appointed counsel's discharge pursuant to HRAP 50(c) or withdrawal from the appellate court or the circuit court pursuant to HRAP 50(b), and petitioner does not have a constitutional right to hybrid representation. State v. Hirano, 8 Haw. App. 330, 333-36, 802 P.2d 482, 484-85, cert. denied, 71 Haw. 668, 833 P.2d 901 (1990). Therefore,

IT IS HEREBY ORDERED that the application for transfer is dismissed without prejudice to an application for transfer filed by appointed counsel of record or by petitioner pro se upon appointed counsel's discharge or withdrawal effected by the appellate court or the circuit court.

DATED: Honolulu, Hawai‘i, May 30, 2008.



___________________________

No. 28766, State v. Matsuda--Order Dismissing Application for
                   Transfer



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