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NO. 24027 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. SAMUEL KAMAE, III, Defendant-Appellant APPEAL FROM THE FIFTH CIRCUIT COURT (CR. NO. 2338) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Defendant-Appellant Samuel Kamae, III (Appellant) appeals from the January 4, 2001 order denying his motion for correction of illegal sentence pursuant to Hawai#i Rules of Penal Procedure (HRPP) Rule 35, entered by the Circuit Court of the Fifth Circuit1 (the court). The court denied Appellant's motion

on the ground that Appellant's Rule 35 motion was untimely. On appeal, Appellant alleges that: (1) the court erred

in dismissing his motion for HRPP Rule 35 relief as untimely; and (2) the court erred in sentencing Appellant as a persistent offender under HRS

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