Hammond v. State

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000139 27-DEC-2022 07:50 AM Dkt. 36 ODSLJ NO. CAAP-22-0000139 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I LOREN HAMMOND, aka LOREN DALE HAMMOND III, Petitioner-Appellant, v. STATE OF HAWAI I, Respondent-Appellee APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-21-0000028) ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Hiraoka and Chan, JJ.) Upon review of the record, it appears that we lack appellate jurisdiction because the notice of appeal filed by self-represented Petitioner-Appellant Loren Hammond, aka Loren D. Hammond III, was filed on March 17, 2022, more than thirty days after entry of the February 8, 2022 order denying Hammond's Hawai i Rules of Penal Procedure Rule 40 Petition. See Hawai i Rules of Appellate Procedure Rule 4(a)(1); Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986) ("[A]n appellant's failure to file a timely notice of appeal is a jurisdictional defect that can neither be waived by the parties nor disregarded by the court in the exercise of judicial discretion.") (cleaned up). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. All pending motions are also dismissed. DATED: Honolulu, Hawai i, December 27, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Derrick H.M. Chan Associate Judge 2

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