                                                          Electronically Filed
                                                          Supreme Court
                                                          SCWC-15-0000743
                                                          19-OCT-2016
                                                          07:55 AM
                            SCWC-15-0000743

          IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________

                       WILLIAM A. CORNELIO, III,
                   Petitioner/Petitioner-Appellant,

                                  vs.

                        STATE OF HAWAII,
                Respondent/Respondent-Appellee.
________________________________________________________________

        CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

 (CAAP-15-0000743; S.P.P. NO. 15-1-0008(2); CR. NO. 94-0590(2))


        ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By:    Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

       It appearing that the judgment on appeal in the above-

referenced matter not having been filed by the Intermediate

Court of Appeals at the time the application for writ of

certiorari was filed, see Hawaiʻi Revised Statutes § 602-59(a)

(Supp. 2013); see also Hawaiʻi Rules of Appellate Procedure

(HRAP) Rule 36(b)(1) (2012),

       IT IS HEREBY ORDERED that Petitioner’s application for writ

of certiorari, filed October 7, 2016, is dismissed without

prejudice to re-filing the application pursuant to HRAP Rule

40.1(a) (2014) (“The application shall be filed within thirty
days after the filing of the intermediate court of appeals’

judgment on appeal or dismissal order, unless the time for

filing the application is extended in accordance with this

rule.”).

     DATED:   Honolulu, Hawaiʻi, October 19, 2016.

                               /s/   Mark E. Recktenwald

                               /s/   Paula A. Nakayama

                               /s/   Sabrina S. McKenna

                               /s/   Richard W. Pollack

                               /s/   Michael D. Wilson




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