NO. 28364



IN THE SUPREME COURT OF THE STATE OF HAWAI`I





GARTH COLEMAN, Petitioner-Appellant,

vs.

STATE OF HAWAI‘I, Respondent-Appellee.




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P.P. NO. 04-1-002K; CR. NO. 99-003K)



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

Petitioner-Appellant's application for writ of certiorari filed on January 9, 2009, is hereby rejected.

DATED: Honolulu, Hawai‘i, February 13, 2009.



Michael S. Zola
for petitioner-appellant
on the application




1.     Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Lee, assigned by reason of vacancy.