Electronically Filed Supreme Court SCWC-14-0001287 06-APR-2016 01:36 PM

SCWC-14-0001287

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

TONY ALAN WILLIAMS, Petitioner/Petitioner-Appellant,

vs.

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

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0001287; S.P.P. NO. 11-1-0065; CR. NOS. 87-0851 & 87-1589)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and Circuit Judge Alm, in place of Pollack, J., recused)

It appearing that the judgment on appeal in the above- referenced matter not having been filed by the Intermediate Court of Appeals at the time the application for writ of certiorari was filed, see Hawai'i Revised Statutes § 602-59(a) (Supp. 2013); 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

March 29, 2016 is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) (2014). (“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, April 6, 2016.

Tony Alan Williams, /s/ Mark E. Recktenwald petitioner pro se /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Steven S. Alm