Hawaii Intermediate Court of Appeals November 30, 1998, No. 21055 (Monalim v. State)

Opinion of the Court by

BURNS, C.J.

Petitioner-Appellant David Monalim (Mon-alim) appeals the October 20, 1997 Order Denying Petitioner’s Petition for Post Conviction Relief denying Monalim’s August 8, 1997 Hawai'i Rules of Penal Procedure Rule 40 petition (Rule 40 Petition) without a hearing. We vacate and remand.