Opinion
CAAP-22-0000139
12-27-2022
LOREN HAMMOND, aka LOREN DALE HAMMOND III, Petitioner-Appellant, v. STATE OF HAWAI'I, Respondent-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-21-0000028)
By: Ginoza, Chief Judge, Hiraoka and Chan, JJ.
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
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) .
Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction. All pending motions are also dismissed.