Opinion
No. 30218
May 13, 2011.
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2P109-00972)
Phyllis J. Hironaka, Deputy Public Defender, for Defendant-Appellant.
By: NAKAMURA, Chief Judge, and FUJISE and GINOZA, JJ.
Upon review of the "Motion for Order Correcting or Striking Footnote 2 of the Unpublished Memorandum Opinion, filed April 27, 2011" (Motion for Order Correcting or Striking Footnote 2), and the records and files herein,
Defendant-Appellant requests that we issue an order correcting Footnote 2 by adding the further history of the Notice of Appeal or, in the alternative, striking Footnote 2 in its entirety. We acknowledge Defendant-Appellant's attempt to address the issue created by the Notice of Appeal by filing his "Motion to Permit Addition of Count II to Appeal" (Motion for Addition). That attempt is already part of the record in this case. More importantly, the Motion for Addition does not affect the validity of our observation that "[m]ore careful attention in preparing the notice of appeal would have obviated our need to address [the jurisdictional] issue."
Therefore,
IT IS HEREBY ORDERED that the Motion for Order Correcting or Striking Footnote 2 is denied.