NO. 28850
IN
THE SUPREME COURT OF THE STATE OF HAWAI‘I
STATE
OF HAWAI‘I, Respondent/Plaintiff-Appellee
vs.
DWAYNE
KELLY, Petitioner/Defendant-Appellant
CERTIORARI TO THE INTERMEDIATE COURT
OF APPEALS
(CR. NO. 05-1-2639)
ORDER REJECTING APPLICATION
FOR WRIT OF CERTIORARI
(By: Duffy, J., for the court
(1))
Petitioner/Defendant-Appellant
Dwayne Kelly's application for writ of certiorari, filed on
April 13, 2009, is hereby
rejected.
DATED: Honolulu,
Hawai‘i, May 26, 2009.
Karen T. Nakasone,
Deputy Public Defender,
for petitioner/defendant-
appellant on the application
Donn Fudo, Deputy
Prosecuting Attorney,
for respondent/plaintiff-
appellee on the response
1.
Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ.,
and Circuit
Judge Hirai, assigned by reason of vacancy.