Electronically Filed Supreme Court SCOT-10-0000201 20-DEC-2010 08:12 AM

NO. SCOT-10-0000201

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

ARWIN R. ECHINEQUE, Petitioner,

vs.

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

ORDER (By: Recktenwald, C.J., Nakayama, Acoba and Duffy, JJ.

and Circuit Judge Pollack, assigned by reason of vacancy)

Upon review of the petition for HRPP Rule 40 post-

conviction relief filed in the supreme court by petitioner

Arwin R. Echineque, it appears that we lack jurisdiction to

consider the petition. See HRS § 602-5 (Supp. 2009); HRPP Rule

40(b). Therefore,

IT IS HEREBY ORDERED that the petition is dismissed.

DATED: Honolulu, Hawai'i, December 20, 2010.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ James E. Duffy, Jr. /s/ Richard W. Pollack