Jernigan v. State
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*** NOT FOR PUBLICATION ***
NO. 26126
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
RICHARD A. JERNIGAN, Petitioner-Appellant
vs.
STATE OF HAWAI#I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 02-1-0060)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of appellant’s statement of jurisdiction
and the record, it appears that the circuit court’s August 19,
2003 order denying appellant’s HRPP Rule 40 petition for postconviction relief was appealable by notice of appeal filed within
thirty days after the order was entered.
4(b)(1).
See HRPP 40(h); HRAP
Appellant’s notice of appeal is deemed filed on
September 19, 2003 when it was delivered to prison officials for
mailing.
See Setala v. J.C. Penney Co., 97 Hawai#i 484, 40 P.3d
886 (2002).
The notice of appeal deemed filed on September 19,
2003 was not filed within thirty days after entry of the August
19, 2003 order inasmuch as September 19, 2003 was the thirtyfirst day after August 19, 2003.
The notice of appeal is an
untimely appeal of the August 19, 2003 order.
Our recognized
exceptions to the requirement that notices of appeal be timely
filed do not apply in this case and thus, we lack jurisdiction
over this appeal.
See Grattafiori v. State, 79 Hawai#i 10, 13,
*** NOT FOR PUBLICATION ***
897 P.2d 937, 940 (1995) (“[C]ompliance with the requirement of
the timely filing of a notice of appeal is jurisdictional, and we
must dismiss an appeal on our own motion if we lack
jurisdiction.”).
Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for
lack of appellate jurisdiction.
DATED: Honolulu, Hawai#i, January 7, 2004.
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