From Casetext: Smarter Legal Research

State v. Bernal

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
May 23, 2012
NO. CAAP-11-0000474 (Haw. Ct. App. May. 23, 2012)

Opinion

NO. CAAP-11-0000474

05-23-2012

STATE OF HAWAI'I, Plaintiff-Appellee, v. AARON M. BERNAL, Defendant-Appellant


NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER


APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CR. NO. 10-1-1907)


ORDER DISMISSING DEFENDANT-APPELLANT

AARON M. BERNAL'S MAY 18, 2012 HRAP RULE 40

MOTION FOR RECONSIDERATION OF THE AUGUST 10, 2011

ORDER GRANTING PLAINTIFF-APPELLEE STATE OF HAWAII'S JUNE 22, 2011

MOTION TO DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Nakamura, Chief Judge, Foley and Reifurth, JJ.)

Upon review of (1) the August 10, 2011 order granting Plaintiff-Appellee State of Hawaii's (Appellee State) June 22, 2011 motion to dismiss Appeal No. CAAP-11-0000474 for lack of jurisdiction, (2) Defendant-Appellant Aaron M. Bernal's (Appellant Bernal) May 18, 2012 motion for reconsideration of the August 10, 2011 dismissal order pursuant to Rule 40 of the Hawai'i Rules of Appellate Procedure (HRAP), and (3) the record, we note that Appellant Bernal neither filed his May 18, 2012 HRAP Rule 40 motion for reconsideration, nor obtained special leaving for additional time to file such a motion, within ten days after the filing of the August 10, 2011 dismissal order, which is a direct violation of the ten-day time period that HRAP Rule 40(a) expressly provides. Appellant Bernal also did not apply for certiorari to the supreme court within the ninety-day time period after the filing of the August 10, 2011 dismissal order, as HRAP Rule 40.1(a) requires for such an application. Now more than eight months after the filing of the August 10, 2011 dismissal order, we presently lack appellate jurisdiction to adjudicate the merits of Appellant Bernal's May 18, 2012 HRAP Rule 40 motion for reconsideration of the August 10, 2011 dismissal order in Appeal No. CAAP-11-0000474. Cf. HRAP Rule 36; HRAP Rule 40(a); HRAP Rule 40.1; State v. Harrison, 95 Hawai'i 28, 30, 18 P.3d 890, 892 (2001); Korean Temple v. Concerned Citizens, 107 Hawai'i 371, 382, 114 P.3d 113, 124 (2005) . Therefore,

IT IS HEREBY ORDERED that Appellant Bernal's May 18, 2012 HRAP Rule 40 motion for reconsideration of the August 10, 2011 dismissal order is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai'i, May 23, 2012.

Chief Judge

Associate Judge

Associate Judge


Summaries of

State v. Bernal

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
May 23, 2012
NO. CAAP-11-0000474 (Haw. Ct. App. May. 23, 2012)
Case details for

State v. Bernal

Case Details

Full title:STATE OF HAWAI'I, Plaintiff-Appellee, v. AARON M. BERNAL…

Court:INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: May 23, 2012

Citations

NO. CAAP-11-0000474 (Haw. Ct. App. May. 23, 2012)

Citing Cases

Jones v. State

Upon review of the September 27, 2019 Motion to Reinstate Appeal by Petitioner-Appellant Willie James Jones…