Opinion
27257
September 14, 2005.
APPEAL FROM THE FIRST CIRCUIT COURT (S.P.P. NO. 05-1-0003 (CR. NO. 97-2556)).
Lisa M. Itomura, deputy attorney general, for respondent-appellee.
James T. Shipman, petitioner-appellant pro se, in opposition.
ORDER DENYING MOTION TO DISMISS PETITIONER-APPELLANT'S APPEAL
Upon consideration of Respondent-Appellee State of Hawaii's motion to dismiss the appeal of Petitioner-Appellant James T. Shipman for lack of jurisdiction, the papers in support and opposition, and the records and files herein, it appears that: (1) the circuit court granted Appellant's motion for extension of time to file the notice of appeal; and (2) the notice of appeal received by the circuit court on April 15, 2005 and filed on April 26, 2005 was timely filed. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss appeal for lack of jurisdiction is denied.