Andrews v. State

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Electronically Filed Supreme Court SCWC-29951 06-SEP-2012 04:12 PM SCWC-29951 IN THE SUPREME COURT OF THE STATE OF HAWAI'I JASON KELLY ANDREWS, Petitioner/Defendant-Appellant, vs. STATE OF HAWAI'I, Respondent/Plaintiff-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 29951; S.P.P. NO. 08-1-004K; CR. NO.03-1-279K) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (by: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Petitioner/Defendant-Appellant Jason Kelly Andrews s application for writ of certiorari, which was electronically filed by the clerk s office on August 27, 2012, was filed more than sixty days after the filing of the ICA s June 25, 2012, judgment on appeal. The application is untimely and thus, this court lacks appellate jurisdiction. See Hawai'i Revised Statutes § 602-59(c) (Supp. 2011); Hawai'i Rules of Appellate Procedure Rule 40.1(a). Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, Hawai'i, September 6, 2012. Jason K. Andrews, petitioner, pro se /s/ Mark E. Recktenwald /s/ Paula A. Nakayama Lisa M. Itomura Diane K. Taira Deputy Attorneys General and Joyce A. Seelen Deputy Prosecuting Attorney for respondent /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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