Electronically Filed Intermediate Court of Appeals 27424 15-NOV-2011 NO. 27424 03:51 PM IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,

vs.

JOHN P. DUNBAR, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 04-1-0450(1))

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

Upon consideration of John P. Dunbar’s October 17, 2011 letter to the Chief Justice, which is treated as a motion for reconsideration of the February 9, 2007 order rejecting the application for a writ of certiorari, it appears that the motion for reconsideration is not authorized by HRAP 40.1(h) (“Neither acceptance nor rejection of an application for a writ of certiorari shall be subject to a motion for reconsideration in the supreme court. The rejection of an application for a writ of certiorari shall be final.”). Therefore, IT IS HEREBY ORDERED that the motion for reconsideration is dismissed.

DATED: Honolulu, Hawai'i, November 15, 2011. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Sabrina S. McKenna