Depaepe v. State

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 19-FEB-2021 09:01 AM Dkt. 14 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

SEAN P. DEPAEPE, Petitioner-Appellant, v.

STATE OF HAWAI#I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2PR191000006(4) (CASE NOS. 2FC141000147(4)

and 2PC121000498(4))

ORDER GRANTING MOTION TO DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Leonard, Presiding Judge, Hiraoka and Nakasone, JJ.)

Upon consideration of the February 4, 2021 Motion to Dismiss Appeal for Lack of Appellate Jurisdiction (Motion), by Respondent-Appellee State of Hawai#i, the papers in support, and the record, it appears we lack appellate jurisdiction over selfrepresented Petitioner-Appellee Sean P. DePaepe's (DePaepe) appeal from the Circuit Court of the Second Circuit's (circuit court) August 14, 2020 Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief (Order Denying Petition) because DePaepe did not timely file the notice of appeal.

DePaepe failed to file his November 5, 2020 notice of appeal within thirty days after the circuit court issued the Order Denying Petition, as required by Hawai#i Rules of Appellate Procedure (HRAP) Rule 4(b)(1), and it appears he did not move for an extension of time. See HRAP Rule 4(b)(5). Further, the exceptions to the requirement that a notice of appeal be timely

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

filed, under State v. Irvine, 88 Hawai#i 404, 407, 967 P.2d 236, 239 (1998), do not apply.

Compliance with the requirements of the timely filing of a notice of appeal is jurisdictional, and we must dismiss an appeal if we lack jurisdiction. Grattafiori v. State, 79 Hawai#i 10, 13, 897 P.2d 937, 940 (1995). See HRAP Rule 26(b) ("[N]o court or judge or justice is authorized to change the jurisdictional requirements contained in Rule 4 of these rules."). Accordingly, IT IS HEREBY ORDERED that the Motion is granted and this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai#i, February 19, 2021.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Karen T. Nakasone Associate Judge