Dan V. Hawaii

Petitioner-appellant Richard I. Dan appeals from the Second-Circuit Court's orders denying his Hawaii Rules of Penal Procedure (HRPP) Rule 40 petition and request for court-appointed counsel. Dan was previously convicted of assault in the third degree, a misdemeanor, in violation of Hawaii Revised Statutes (HRS) § 707-712(1)(a) (1985),*fn1 which conviction was summarily affirmed by this court in State v. Dan, No. 15050 (Haw. Dec. 18, 1991) (mem.).