State v. Davidson

Hawaii Intermediate Court of Appeals

State v. Davidson

CourtHawaii Intermediate Court of Appeals

DecidedFebruary 1, 2023

DocketCAAP-22-0000537

StatusPublished

This text of State v. Davidson (State v. Davidson) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Davidson, (hawapp 2023).

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 01-FEB-2023 07:58 AM Dkt. 12 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. MATTHEW DAVIDSON, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that we lack jurisdiction over Defendant-Appellant Matthew Davidson's (Davidson) appeal from the Circuit Court of the Fifth Circuit's August 9, 2022 Judgment of Conviction and Probation Sentence because Davidson does not appeal from a final order or judgment, and the circuit court has not otherwise entered a final, appealable order or judgment in the underlying proceeding. Hawaii Revised Statutes § 641-11 (2016); State v. Nicol, 140 Hawai i 482, 492, 403 P.3d 259, 269 (2017). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. 1

1 On January 16, 2023, Davidson filed a Motion for Leave to Withdraw Appeal or for Dismissal of Appeal Without Prejudice, but the motion is not supported by an affidavit or declaration by Davidson that reflects a knowing, intelligent, and voluntary understanding of the consequences of dismissal of the appeal, as required by Hawai i Rules of Appellate Procedure Rule 42(c). Moreover, because it appears that attorney Kai Lawrence has not been substituted in to represent Davidson in the Circuit Court and the record indicates Davidson is represented by Shaylene Iseri, Esq. in the underlying case, 5CPC-XX-XXXXXXX, the circuit court may wish to clarify who represents Davidson going forward. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

IT IS FURTHER ORDERED that all pending motions are dismissed. IT IS FURTHER ORDERED that the appellate clerk shall serve a copy of this order on the clerk of the Circuit Court of the Fifth Circuit. DATED: Honolulu, Hawai i, February 1, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 01-FEB-2023 07:58 AM Dkt. 12 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. MATTHEW DAVIDSON, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that we lack jurisdiction over Defendant-Appellant Matthew Davidson's (Davidson) appeal from the Circuit Court of the Fifth Circuit's August 9, 2022 Judgment of Conviction and Probation Sentence because Davidson does not appeal from a final order or judgment, and the circuit court has not otherwise entered a final, appealable order or judgment in the underlying proceeding. Hawaii Revised Statutes § 641-11 (2016); State v. Nicol, 140 Hawai i 482, 492, 403 P.3d 259, 269 (2017). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. 1

1 On January 16, 2023, Davidson filed a Motion for Leave to Withdraw Appeal or for Dismissal of Appeal Without Prejudice, but the motion is not supported by an affidavit or declaration by Davidson that reflects a knowing, intelligent, and voluntary understanding of the consequences of dismissal of the appeal, as required by Hawai i Rules of Appellate Procedure Rule 42(c). Moreover, because it appears that attorney Kai Lawrence has not been substituted in to represent Davidson in the Circuit Court and the record indicates Davidson is represented by Shaylene Iseri, Esq. in the underlying case, 5CPC-XX-XXXXXXX, the circuit court may wish to clarify who represents Davidson going forward. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

IT IS FURTHER ORDERED that all pending motions are dismissed. IT IS FURTHER ORDERED that the appellate clerk shall serve a copy of this order on the clerk of the Circuit Court of the Fifth Circuit. DATED: Honolulu, Hawai i, February 1, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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State v. Davidson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davidson-hawapp-2023.

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