IN THE SUPREME COURT OF THE STATE OF HAWAI`I
vs.
LUCKIE K. RODENHURST, Defendant-Appellant
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)
Upon review of the record, it appears that: (1) judgment against appellant
in Case Nos. 4897204MO, 4897097MO and 4897096MO was entered on September
13, 2001, not on March 8, 2002; (2) the September 13, 2001 judgment was
timely appealed by appellant by notice of appeal filed on September 21,
2001 in No. 24588, but the appeal was dismissed on April 11, 2002 for failure
to file an opening brief; (3) the stay of sentences pending appeal entered
on March 8, 2002 did not start a new thirty-day period for appealing the
September 13, 2001 judgment and the notice of appeal filed on March 28,
2002 is an untimely appeal of the September 13, 2001 judgment; see
HRS § 641-12; HRAP 4(b)(1); and thus (4) we lack jurisdiction over
this appeal; see Grattafiori
v. State, 79 Hawai`i 10, 13, 897 P.2d 937, 940 (1995) ("[C]ompliance
with the requirement of the timely filing of a notice of appeal is jurisdictional,
and we must dismiss an appeal
on our own motion if we lack jurisdiction."). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, July 2, 2002.