NO. 2§96l

rs rsr suPRrMs count or tar starr or nAwA:f:3“ GERALD VILLANUEVA, Petitioner~Appellant, VS.

sTATr or HAWAr:, Rasp@na@nr»Appei1@e.

APPEAL FROM THE ClRCUlT COURT 0F THE FlRST ClRCUlT (SPP NO. O9~l~OOl8 (CR. NO. G5-l-O946)) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)

Upon consideration of the motion for reconsideration of the February 4, 2010 order dismissing the motion for a writ of habeas corpus, it appears that the motion for reconsideration, filed in the appellate court on March l6, 20lO, is untimely. §§§ HRhP 40(a) (“A motion for reconsideration may be filed by a party only within lO days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.”). Therefore, lT lS HEREBY ORDERED that the motion for reconsideration is dismissed.

DATED: Honolulu, HawaiT4 March 22, 20l0. w ;Y»w4g¢9?Y\L#h¢7AuWW» area

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