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WINTERBORNE v. STATE

No. 24874.

88 P.3d 683 (2004)

104 Hawai'i 311

Russell WINTERBORNE, Petitioner-Appellant, v. STATE of Hawai'i, Respondent-Appellee.

Intermediate Court of Appeals of Hawai'i.

Certiorari Denied May 10, 2004.

Attorney(s) appearing for the Case

Russell M. Winterborne, pro se, on the briefs, petitioner-appellant.

Loren J. Thomas, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for respondent-appellee.

BURNS, C.J., LIM and FOLEY, JJ.

Opinion of the Court by LIM, J.

Russell Winterborne (Winterborne or Petitioner) brings this pro se appeal of the January 4, 2002 order of the circuit court of the first circuit, the Honorable Michael A. Town, judge presiding. The order dismissed, without a hearing, Winterborne's June 12, 2001 pro se petition for post-conviction relief, which he brought under Hawai'i Rules of Penal Procedure (HRPP) Rule 40 (2001) and filed in the circuit court of the...

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