Electronically Filed Supreme Court SCWC-29923 18-MAR-2011 01:00 PM

NO. SCWC-29923

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee

vs.

CORNELIUS WESLEY DURHAM, Petitioner/Defendant-Appellant

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 07-1-0220(2))

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Acoba, J., for the court1 )

The Application for Writ of Certiorari filed on February 2, 2011 by Petitioner/Defendant-Appellant Cornelius Wesley Durham is accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawai'i, March 18, 2011.

FOR THE COURT:

/s/ Simeon R. Acoba, Jr.

Associate Justice

Leslie K. Iczkovitz, on the application for petitioner/defendant­ appellant.

Considered by Recktenwald, C.J., Nakayama, Acoba, Duffy, and Circuit Judge Border, assigned due to a vacancy.