Electronically Filed Supreme Court SCWC-11-0000452 01-OCT-2012 09:05 AM

NO. SCWC-11-0000452

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

JEREMY SALVADOR, Petitioner/Petitioner-Appellant,

vs.

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

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. CAAP-11-0000452; SPP NO. 10-1-0047 (CR. NOS. 96-0152 and 96-0725))

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

It appearing that the judgment on appeal in the above- referenced matter has not been entered by the Intermediate Court of Appeals, see Hawai'i Revised Statutes § 602-59(a) (Supp. 2011); see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012), IT IS HEREBY ORDERED that Petitioner/Petitioner­ Appellant’s application for writ of certiorari, filed

September 26, 2012, is dismissed without prejudice to re-filing

the application pursuant to HRAP Rule 40.1(a) (2012) (“The

application shall be filed within thirty days after the filing of

the intermediate court of appeals’ judgment on appeal or dismissal order, unless the time for filing the application is extended in accordance with this rule.”).

DATED: Honolulu, Hawai'i, October 1, 2012.

Jeremy Salvador, /s/ Mark E. Recktenwald petitioner, pro se /s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack