State v. Lee
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NO. 24589 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, vs. GARY THOMAS LEE, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (TRAFFIC NO. 5163649MO) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that we do not have appellate jurisdiction over Defendant-Appellant Gary Thomas Lee s (Appellant Lee) appeal from his August 20, 2001 conviction for violating HRS § 291-11.6 (Supp. 2001) because Appellant Lee did not file his September 24, 2001 notice of appeal within thirty days after entry of the August 20, 2001 judgment, as HRS § 641-12 (1993) and Rule 4(b)(1) require. Neither of the two exceptions to the requirement for a timely filed notice of appeal apply. See State v. Irvine, 88 Hawai#i 404, 407, 967 P.2d 236, 239 (1998) ( Our recognized exceptions involve circumstances where: (1) defense counsel has inexcusably or ineffectively failed to pursue a defendant s appeal from a criminal conviction in the first instance[,] . . . or (2) the trial court s decision was unannounced and no notice of the entry of judgment was ever provided[.] (Citations omitted)). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, March 15, 2002.
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