By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and Circuit Judge Kawamura, assigned by reason of vacancy
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-18-0000894; FC-CR No. 1FC161000066) ORDER DISMISSING CERTIORARI PROCEEDING
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The court having given further consideration to the record and motions in the instant case, it appears that the writ of certiorari herein was improvidently granted. Accordingly,
IT IS HEREBY ORDERED that this certiorari proceeding is dismissed. This dismissal is without prejudice to a subsequent Hawai'i Rules of Penal Procedure Rule 40 petition on the ineffective assistance of counsel claim.
DATED: Honolulu, Hawai'i, January 5, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Shirley M. Kawamura