Opinion
24589
March 15, 2002.
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (TRAFFIC NO. 5163649MO)
ORDER DISMISSING APPEALMOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ.
Upon review of the record, it appears that we do not have appellate jurisdiction over Defendant-Appellant Gary Thomas Lee's (Appellant Lee) appeal from his August 20, 2001 conviction for violating HRS § 291-11.6 (Supp. 2001) because Appellant Lee did not file his September 24, 2001 notice of appeal within thirty days after entry of the August 20, 2001 judgment, as HRS § 641-12 (1993) and Rule 4(b)(1) require. Neither of the two exceptions to the requirement for a timely filed notice of appeal apply. See State v. Irvine, 88 Haw. 404, 407, 967 P.2d 236, 239 (1998) ("Our recognized exceptions involve circumstances where: (1) defense counsel has inexcusably or ineffectively failed to pursue a defendant's appeal from a criminal conviction in the first instance[,] . . . or (2) the trial court's decision was unannounced and no notice of the entry of judgment was ever provided[.]" (Citations omitted)). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.