*** NOT FOR PUBLICATION ***
NO. 24661
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
HARRY
FERGERSTROM, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(REPORT NO.
G-47034, et al.)
SUMMARY DISPOSITION ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Defendant-appellant Harry Fergerstrom (Fergerstrom) appeals from the
October 2, 2003 (1) judgment of the
district court of
the third circuit, the Honorable Sandra P. Schutte presiding,
convicting him of and sentencing him for: (1) driving without
a license (ten violations), in violation of Hawai`i Revised Statutes
(HRS) § 286-102 (1993 & Supp. 2003); (2) no safety
check (nine violations), in violation of HRS § 286-25 (1993); (3)
delinquent motor vehicle tax (eight violations), in
violation of HRS § 249-2 (2001); (4) no no-fault insurance (ten
violations), in violation of HRS § 431:10C-104 (Supp.
2003); and (5) criminal contempt of court (twelve violations), in
violation of HRS § 710-1077 (1993). On appeal,
Fergerstrom argues that the district court erred when it denied his
motion to dismiss the charges against him for lack of
jurisdiction.
Upon carefully
reviewing the record and the briefs submitted and having given due
consideration to the issues raised and
arguments advanced, we hold that the district court properly exercised
jurisdiction over Fergerstrom. See State v. Jim, 80 Hawai`i
168, 907 P.2d 754 (1995); State
v. Lorenzo, 77 Hawai`i 219, 883 P.2d 641 (App. 1994); HRS §
603-21.5(a)(1)
(Supp. 2002); HRS § 701-106(a) (1993). Therefore,
IT IS HEREBY
ORDERED that the district court's October 2, 2003 judgment, from which
the appeal is taken, is affirmed.
DATED: Honolulu,
Hawai`i, April 21, 2004.
On the briefs:
Harry Eliason,
for the defendant-appellant
Harry Fergerstrom
Mary Ann J.
Holzl-Davis,
Deputy Prosecuting Attorney,
for the plaintiff-appellee
State of Hawai`i
1.
On August 15,
2001, Fergerstrom was found guilty on all charges, and was subsequently
sentenced on September 28,
2001. The district court, however, failed to enter a written judgment.
As such, on September 30, 2003, this court
temporarily remanded the case to the district court for the sole
purpose of entering a written judgment on Fergerstrom's
conviction.