Sapanara v. State

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NO. 29016 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ROBERT SAPANARA, Petitioner, vs. STATE OF HAWAI#I, Respondent. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P.P. NO. 07-1-0019) (CR. NO. 03-1-0004) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Moon, C.J., for the court1) It appearing that the judgment on appeal in the abovereferenced matter was filed on May 22, 2009 and petitioner Robert Sapanara s application for writ of certiorari was filed 157 days later, on October 26, 2009, i.e., 67 days late, see Hawai#i Revised Statutes § 602-59(c) (indicating application may be filed no later than ninety days after the filing of the judgment); see also Hawai#i Rules of Appellate Procedure (HRAP) Rule 40.1(a) (same), IT IS HEREBY ORDERED that Sapanara s application is dismissed as untimely. DATED: Honolulu, Hawai#i, November 10, 2009. Robert Sapanara, petitioner, appearing pro se, on the application FOR THE COURT: Chief Justice 1 Court: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.

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