NO. 29097
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
GARY KARAGIANES, Petitioner,
vs.
CIRCUIT COURT OF THE SECOND CIRCUIT, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 92-0340)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the letter dated March 31, 2008 by Gary
Karagianes, which is deemed a petition for a writ of mandamus, it
appears that petitioner seeks a
writ directing the second circuit court to "resentence" petitioner in
Cr. No. 92-0340 by entering a "new sentence and judgment to reflect a
reversal of Count 2." However, the reversal of petitioner's conviction
and sentence on Count 2 was effected in the supreme court's May 5, 2003
Judgment on Appeal. The Judgment
on Appeal was filed in the second circuit court in Cr. No. 92-0340 on
May 13, 2003 and constitutes the "new judgment" reversing the
conviction and sentence
on Count 2. Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate court shall
file the petition for a writ of mandamus as an original proceeding
without payment of the
filing fee.
IT IS FURTHER ORDERED that the petition for a writ of mandamus is
denied. The denial is without prejudice to seeking relief from the
Department of
Public Safety and the Hawaii Paroling Authority by directing their
attention to the May 5, 2003 Judgment on Appeal filed in Cr. No.
92-0340 on May 13, 2003.
DATED: Honolulu, Hawai‘i, April 11, 2008.