State v. Cummings

511 P.3d 822, 151 Haw. 323

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 21, 2022
• Docket: CAAP-21-0000293
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-JUN-2022 07:52 AM Dkt. 42 SO NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. ROSLYN NICOLE MANAWAIAKEA CUMMINGS, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT LÎHU#E DIVISION (CASE NO. 5DCC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Hiraoka and McCullen, JJ.)

Self-represented Defendant-Appellant Roslyn Nicole

Manawaiakea Cummings (Cummings) appeals from the District Court

of the Fifth Circuit, Lîhu#e Division's (district court)

March 25, 2021 Judgment/Order and Notice of Entry of

Judgment/Order.1

Cummings was convicted of violating Hawai#i

Administrative Rules (HAR) § 13-146-4, Closing of areas,2 an

1 The Honorable Michael K. Soong presided. 2 HAR § 13-146-4 provides as follows:

(a) The board or its authorized representative may establish a reasonable schedule of visiting hours for all or portions of the premises and close or restrict the public use of all or any portion thereof, when necessary for the protection of the area or the safety and welfare of persons or property, by the posting of appropriate signs indicating the extent and scope of closure. All persons shall observe and abide by the officially posted signs designating closed areas and visiting hours. (continued...) NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

administrative rule adopted by the Department of Land and Natural

Resources.3

On appeal, Cummings contends: No Evidence of Jurisdiction "Burden of Proof" falls on the STATE OF HAWAII for Superior Title to argue entering of Closed Areas on said location that the STATE does not have jurisdiction over. ROSLYN NICOLE MANAWAIAKEA CUMMINGS with Memorandum Declaration of Hawaiian National stating inherent vested rights to the Kingdom of Hawai#i; Grandfather clause.

We construe Cummings' contentions as challenging jurisdiction and

the sufficiency of the evidence.

Upon careful review of the record and the briefs

submitted by the parties and having given due consideration to

the arguments advanced and the issues raised, we resolve

Cummings' contentions as follows, and affirm.

(1) Regarding Cummings' jurisdictional challenge,

"[p]ursuant to HRS § 701-106 (1993), the [S]tate's criminal

jurisdiction encompasses all areas within the territorial

boundaries of the State of Hawai#i." State v. Kaulia, 128 Hawai#i

479, 487, 291 P.3d 377, 385 (2013) (internal quotation marks

omitted) (quoting State v. Jim, 105 Hawai#i 319, 330, 97 P.3d

395, 406 (App. 2004)). The Hawai#i Supreme Court has reaffirmed

that "whatever may be said regarding the lawfulness of its

origins, the State of Hawai#i is now, a lawful government.

Individuals claiming to be citizens of the Kingdom and not of the

State are not exempt from application of the State's laws." Id.

2 (...continued) (b) Vehicles left unattended in closed areas may be impounded by the board or its authorized representative at any time. (c) All impounded vehicles shall be towed to a place of storage. Towing, storage and other related 13—146—7 costs shall be assessed pursuant to section 290-11, HRS. 3 Violation of HAR § 13-146-4 is a petty misdemeanor. Hawaii Revised Statutes (HRS) 184-5(b) (2011).

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

(cleaned up) (quoting State v. Fergerstrom, 106 Hawai#i 43, 55,

101 P.3d 652, 664 (App. 2004), aff'd, 106 Hawai#i 41, 101 P.3d

225 (2004)).

(2) Regarding the sufficiency of evidence argument,

Cummings failed to provide this court with transcripts of the

proceedings. "If the appellant intends to urge on appeal that a

finding or conclusion is unsupported by the evidence or is

contrary to the evidence, the appellant shall include in the

record a transcript of all evidence relevant to such finding or conclusion." Hawai#i Rules of Appellate Procedure Rule 10(b)(3).

Without the relevant transcript, this court has no basis to

review a claim of insufficient evidence. State v. Hoang, 93

Hawai#i 333, 334-36, 3 P.3d 499, 500-02 (2000).

Based on the foregoing, we affirm the district court's

Judgment/Order.

DATED: Honolulu, Hawai#i, June 21, 2022.

On the briefs: /s/ Katherine G. Leonard Presiding Judge Roslyn Nicole Manawaiakea Cummings, /s/ Keith K. Hiraoka Defendant-Appellant, pro se. Associate Judge

Tracy Murakami, /s/ Sonja M.P. McCullen Deputy Prosecuting Attorney, Associate Judge County of Kaua#i, for Plaintiff-Appellee.