NO. 26350
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
CHRISTINA M.
STARLEY, Defendant-Appellant
APPEAL FROM
THE FIRST CIRCUIT COURT
(CR. NO.
01-1-1945)
ORDER
(1) DENYING APPELLANT-DEFENDANT CHRISTINA M.
STARLEY'S MAY 7, 2004 MOTION FOR RECONSIDERATION
AND (2) ADMONISHING DEFENSE COUNSEL REGARDING
RULE 32(c) OF THE HAWAII
RULES OF APPELLATE PROCEDURE
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of (1) our April 27, 2004 order dismissing
Defendant-Appellant
Christina M. Starley's (Appellant Starley) appeal from the December 19,
2003 "Order Granting
Motion to Revoke Bail," (2) Appellant Starley's May 7, 2004 motion for
reconsideration pursuant to Rule 40 of the
Hawai`i Rules of Appellate Procedure (HRAP), and (3) the record,
we
reiterate that the December 19, 2003 order does not
impose a new sentence, and, thus, it is not an independently appealable
order pursuant to HRS § 571-54 (1993) and HRS
§ 641-11 (1993). HRAP Rule 9(b) provides that, "if
an appeal is pending, a motion for release, or for modification of the
conditions of release, pending a review may be made to the appellate
court before which the appeal is pending or to a judge
or justice thereof." To the extent that Appellant Starley seeks relief
from the December 19, 2003 order, Appellant Starley
may seek such relief pursuant to HRAP Rule 9(b) in Appellant
Starley's pending appeal from her conviction and sentence
in supreme court case number 24885. Accordingly,
IT IS HEREBY
ORDERED that Appellant Starley's May 7, 2004 HRAP Rule 40 motion
for reconsideration is denied.
We additionally
note that HRAP Rule 32(c) requires that "[a]ll original documents
filed with the appellate court must be
signed in black ink by the party or, if the party is represented, by
the party's attorney." Appellant Starley's attorney,
Hayden Aluli, did not sign Appellant Starley's May 7, 2004
HRAP Rule 40 motion for reconsideration in violation of
HRAP Rule 32(c). Therefore, we admonish attorney Hayden Aluli
(attorney number 3388) to sign all original documents
that he files with appellate courts in accordance with HRAP Rule
32(c).
DATED: Honolulu,
Hawai`i, May 12, 2004.