Electronically Filed Supreme Court SCWC-30382 02-DEC-2010 02:11 PM

NO. SCWC-30382

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Respondent/Plaintiff-Appellee,

vs.

JOHN P. DUNBAR, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CASE NO. 2DTI-09-025858)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., for the court1)

Petitioner/defendant-appellant John P. Dunbar’s application for writ of certiorari, filed on October 21, 2010, was filed more than ninety days after the filing of the ICA’s July 22, 2010 order of dismissal. The application is untimely. See HRS § 602-59(c) (Supp. 2009). Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, Hawaiʻi, December 2, 2010. FOR THE COURT:

Chief Justice

1 Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Nishimura, assigned by reason of vacancy.