State v. Riveira

993 P.2d 580, 92 Haw. 546
CourtHawaii Intermediate Court of Appeals
DecidedJanuary 31, 2000
Docket21871
StatusPublished
Cited by13 cases

This text of 993 P.2d 580 (State v. Riveira) 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.

Bluebook
State v. Riveira, 993 P.2d 580, 92 Haw. 546 (hawapp 2000).

Opinions

Opinion of the Court by

LIM, J.

Defendant-Appellant Jonathan Riveira (Riveira) appeals the judgment of the District Court of the Third Circuit, entered May 14, 1998, convicting him of the offense of driving without no-fault insurance, in violation of Hawaii Revised Statutes (HRS) § 431:10C-104(a) (Supp.1997), and sentencing him, as a repeat offender, to a $1500 fine.1 For the following reasons, we affirm.

I. BACKGROUND

On October 8, 1997, Riveira was cited for driving without no-fault insurance in violation of HRS § 431:10C-104(a).2 On April 9, 1998, [548]*548he pled no contest to the charge. Previously, Riveira had been adjudicated for the same offense; on November 26, 1993, when he was seventeen years old.

The district court continued sentencing to May 14, 1998, to give the parties time to file sentencing memoranda.

Riveira filed a sentencing memorandum on May 11, 1998, contending that, because he was adjudicated as a juvenile for the previous offense, HRS § 571-1 prohibits consideration of the 1993 juvenile adjudication as a prior conviction for sentencing purposes.

The State filed a memorandum in support of sentencing as second conviction on May 12, 1998, arguing that, because State v. Nobriga, 56 Haw. 75, 527 P.2d 1269 (1974), allows the courts to consider juvenile records in sentencing adults, the 1993 juvenile adjudication should be treated as a prior conviction. The State also insisted that juveniles be treated the same as adults for traffic offenses.

When Riveira was cited, HRS § 431:100-117(a)(2)(B) provided:

If the person is convicted of not having had a [no-fault] policy in effect at the time the citation was issued, the fine shall be $500 for the first offense and a minimum of $1,500 for each subsequent offense that occurs within a five-year period from any prior conviction [.]

(Emphasis added).

HRS § 571-1 provides, in relevant part:

The chapter creates within this State a system of family courts and it shall be a policy and purpose of said courts to promote the reconciliation of distressed juveniles with their families, foster the rehabilitation of juveniles in difficulty, render appropriate punishment to offenders, and reduce juvenile delinquency. The court shall conduct all proceedings to the end that no adjudication by the court of the status of any child under this chapter shall be deemed a conviction; no such adjudication shall impose any civil disability ordinarily resulting from conviction; no child shall be found guilty or be deemed a criminal by reason of such adjudication; no child shall be charged with [a] crime or be convicted in any court except as otherwise provided in this chapter; and all children found responsible for offenses shall [549]*549receive dispositions that provide incentive for reform or deterrence from further misconduct, or both. The disposition made of a child or any evidence given in the court, shall not operate to disqualify the child in any civil service or military application or appointment. Any evidence given in any case under section 571-11 shall not in any civil, criminal, or other cause in any court be lawful or proper evidence against the child for any purpose whatever except in subsequent cases involving the same child under section 571-11.

At the May 14, 1998 sentencing, the district court, after hearing the arguments of the parties, deemed Riveira a repeat offender and sentenced him to a $1500 fine. Written findings of fact and conclusions of law were entered on July 27, 1998. Notice of appeal was filed by Riveira’s counsel on August 27, 1998.

II. JURISDICTION

Before we reach the merits of the appeal, we must determine that we have jurisdiction. The timely filing of a notice of appeal is a jurisdictional requirement. State v. Knight, 80 Hawai'i 318, 909 P.2d 1133 (1996). “It is well-settled that every court must ... determine as a threshold matter whether it has jurisdiction to decide the issue[s] presented. Moreover, subject matter jurisdiction may not be waived and can be challenged at any time.” Public Access Shoreline Hawaii v. Hawaii County Planning Comm’n, 79 Hawai'i 425, 431, 903 P.2d 1246, 1252 (1995) (internal quotations and citations omitted). If neither side raises the issue, “a court sua sponte will, for unless jurisdiction of the court over the subject matter exists, any judgment rendered is invalid.” Meyer v. Territory, 36 Haw. 75, 78 (1942).

A.

Whether the appellate court has jurisdiction even though Riveira’s appeal was not timely filed?

A notice of appeal must be filed within thirty days after entry of judgment. HRS § 641-12; Hawai'i Rules of Appellate Procedure (HRAP) 4(b). Judgment was entered on May 14, 1998, when the clerk noted the disposition on the court’s daily calender.3 The notice of appeal filed by Riveira on August 27, 1998 was, therefore, not timely.

However, if driving without no-fault insurance is a crime, as opposed to a mere violation, then Riveira’s right to appeal may not be denied merely because his counsel failed to comply with procedural rules. Knight, 80 Hawai'i at 323-24, 909 P.2d at 1138-39 (“a criminal defendant is entitled, on his first appeal, to effective counsel who may not deprive him of his appeal by failure to comply with procedural rules.”) See also State v. Erwin, 57 Haw. 268, 270, 554 P.2d 236, 238 (1976).

According to HRS § 701-107(1), “[a]n offense defined by this Code [Hawaii Penal Code] or by any other statute of this State for which a sentence of imprisonment is authorized constitutes a crime.” (Emphasis added) For example, in State v. Lau, 78 Hawai'i 54, 59, 890 P.2d 291, 296 (1995), the Hawai'i Supreme Court held that driving under the influence of intoxicating liquor is a crime because a sentence of imprisonment is authorized by the statute. HRS § 291-4. A violation, on the other hand, does not carry a potential prison sentence, and is not considered a crime. See HRS § 701-107(5).

We question whether HRS § 701-107(1) applies in this case. Although HRS § 431

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State v. Riveira
993 P.2d 580 (Hawaii Intermediate Court of Appeals, 2000)

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Bluebook (online)
993 P.2d 580, 92 Haw. 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-riveira-hawapp-2000.