NO. 30l37

IN THE SUPREME COURT OF THE STATE OF HAWAYIa

GERALD VILLANUEVA, Petitioner~Appellant,g

_VS. sTATE or HAwArI, Respondent~Appe11ee.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (SPP NO. O9~l-OO2l (CR. NO. 96-OO78))

ORDER (By: Duffy, J. for the courtU

Upon consideration of movant Gerald Villanueva’s motion to remand for resentencing or issuance of a writ of habeas corpus, it appears that this case is not within the jurisdiction of the supreme court, but is within the jurisdiction of the intermediate court of appeals. _§§ HRS § 602-57(l) (Supp. 2009). Therefore,

IT IS HEREBY ORDERED that the motion to remand is dismissed.

DATED: Honolulu, HawaiUq March 24, 2010, FoR THE coURT:'

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Associate Justice

1 Considered by: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.