Opinion
NO. 30247
09-11-2012
FAUSTINO V. ABADILLA, Petitioner-Appellant, v. STATE OF HAWAI'I, Respondent-Appellee
Brian J. De Lima Francis R. Alcain (Crudele & De Lima) for Petitioner-Appellant. Diane K. Taira Deputy Attorney General for Respondent-Appellee.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(S.P.P. NO. 09-1-0002)
ORDER DISMISSING APPEAL AS MOOT
(By: Nakamura, C.J., Foley and Reifurth, JJ.)
Petitioner-Appellant Faustino Abadilla (Abadilla) appeals from the "Findings of Fact, Conclusions of Law and Order Denying Petitioner's May 28, 2009 Petition for Post-Conviction Relief (Rule 40, HRPP)," entered December 2, 2009 in the Circuit Court of the Third Circuit.
The Honorable Greg K. Nakamura presided.
Abadilla's "Petition for Post Conviction Relief (Rule 40, HRPP)" and appeal challenge the terms of his minimum terms of imprisonment fixed by the Hawai'i Paroling Authority. All of Abadilla's minimum terms of imprisonment have expired.
Respondent-Appellee State of Hawai'i argues that the expiration of Abadilla's minimum terms was properly calculated based on State v. Tauiliili, 96 Hawai'i 195, 29 P.3d 914 (2001). See State v. Garcia, 125 Hawai'i 429, 263 P.3d 709 (2010) (applying the Tauiliili decision retroactively).
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Therefore, this appeal is moot, and IT IS HEREBY ORDERED dismissed.
DATED: Honolulu, Hawai'i, September 11, 2012.
On the briefs:
Brian J. De Lima
Francis R. Alcain
(Crudele & De Lima)
for Petitioner-Appellant.
Diane K. Taira
Deputy Attorney General
for Respondent-Appellee.
Chief Judge
Associate Judge
Associate Judge