NO. 28403



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,

vs.


FRANK A. KALUA, Petitioner/Defendant-Appellant.






CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 06-1-0101(3))







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

Petitioner/Defendant-Appellant Frank A. Kalua's application for writ of certiorari, filed February 11, 2009, is hereby rejected.

DATED: Honolulu, Hawai‘i, March 24, 2009.



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