State v. Kim

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

NO. 29958

IN THE INTERMEDIATE COURT OF APPEALS

oF THE STATE oF HAWAI‘I ; j w

STATE OF HAWAl‘I, Plaintiff-Appellee, v.
ANTHONY KIM, Defendant-Appellant

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APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CASE NO. lDTC-06-OlO369)

ORDER DENYING THE MOTION FOR RECONSIDERATION

(By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon consideration of Defendant-Appellant Anthony Kim’s
Request for Corrections and to Acknowledge Request to
File In Forma Pauperis Upon Return to Hawaii in March, which this
court deems a motion for reconsideration of the January 28, 2010
order dismissing Appellant's appeal, the papers in support, and
the records and files herein, it appears that: (l) on January 28,
2010, this court issued an order dismissing this appeal for non-
payment of the filing fee; (2) on March 3, 20l0, Appellant filed
this request to set aside the dismissal; (3) pursuant to HRAP
Rule 40, a motion for reconsideration may be filed only within
ten days after the filing of the opinion, dispositional order, or
ruling; and (4) the request to set aside the January 28, 2010
order dismissing the appeal is untimely.

IT IS HEREBY ORDERED that the motion for

Therefore,

reconsideration is denied.

DATED: Hon0lulu, HawaiUq March lO, 20lO.

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Chief Judge

W%:

Associate Judge

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