State v. Wells

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 10, 2025
• Docket: CAAP-24-0000280
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-NOV-2025 07:56 AM Dkt. 60 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. LORRAINE WELLS, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION (CASE NO. 1DCW-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.)

Lorraine Wells appeals from the Notice of Entry of Judgment and/or Order entered by the District Court of the First Circuit, Honolulu Division on March 12, 2024.1 We affirm. Instead of stating points of error as required by Hawai#i Rules of Appellate Procedure Rule 28(b)(4), Wells's opening brief states that counsel "could not find reversible error" and "invites the Court to search the entire record for reversible error." Wells relies on People v. Wende, 600 P.2d 1071, 1075 (Cal. 1979). Hawai#i has neither adopted nor endorsed the Wende procedure. Nor does Hawai#i permit Anders briefs, in which court-appointed criminal defense counsel who believes their client's appeal is frivolous can move to withdraw "accompanied by

1 The Honorable Kristine Y. Yoo presided. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

a brief referring to anything in the record that might arguably support the appeal. . . . [T]he court — not counsel — then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous." In re Attorney's Fees of Mohr, 97 Hawai#i 1, 7 & n.4, 32 P.3d 647, 653 & n.4 (2001) (discussing Anders v. California, 386 U.S. 738, 744 (1967)). We are not obligated to search the record for unspecified error. Cf. Haw. Ventures, LLC v. Otaka, Inc., 114 Hawai#i 438, 480, 164 P.3d 696, 738 (2007) (stating that "this court is not obligated to sift through the voluminous record to verify an appellant's inadequately documented contentions"). Wells has not shown error. The District Court's March 12, 2024 Notice of Entry of Judgment and/or Order is affirmed. DATED: Honolulu, Hawai#i, November 10, 2025.

On the briefs: /s/ Karen T. Nakasone Eric Lee Niemeyer, Chief Judge for Defendant-Appellant. /s/ Keith K. Hiraoka Loren J. Thomas, Associate Judge Deputy Prosecuting Attorney, City and County of Honolulu, /s/ Clyde J. Wadsworth for Plaintiff-Appellee. Associate Judge