State v. Quartero
This text of State v. Quartero (State v. Quartero) 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.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-SEP-2020 09:36 AM
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff/Appellee, v. ROBERT K.R. QUARTERO, Defendant/Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DTC-17-073529)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Chan, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon review of the record in CAAP-XX-XXXXXXX, it appears this court lacks jurisdiction over the appeal by self- represented Defendant-Appellant Robert K.R. Quartero (Quartero) from the "Notice of Entry of Judgment and/or Order and Plea/Judgment" (Judgment) entered by the district court on January 13, 2020. A notice of appeal must be filed within 30 days after entry of the judgment appealed from. Rule 4(b)(1), Hawai#i Rules of Appellate Procedure (HRAP). On March 4, 2020, the district court granted Quartero a 30-day extension to file a notice of appeal, to March 13, 2020, pursuant to HRAP Rule 4(b)(5). Therefore, Quartero was required to file a notice of appeal by March 13, 2020. Quartero's notice of appeal was filed on March 18, 2020, 5 days after the extended deadline of March 13, 2020. The notice of appeal was untimely. HRAP Rule 4(b)(1) and (5). NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
"[C]ompliance with the requirement of the timely filing of a notice of appeal is jurisdictional." State v. Brandimart, 68 Haw. 495, 496, 720 P.2d 1009, 1010 (1986) (citations omitted). "We must dismiss an appeal on our own if we lack jurisdiction." Id. at 497, 720 P.2d at 1010 (citation omitted). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, September 29, 2020.
/s/ Derrick H.M. Chan Presiding Judge
/s/ Keith K. Hiraoka Associate Judge
/s/ Clyde J. Wadsworth Associate Judge
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State v. Quartero, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-quartero-hawapp-2020.