Pacariem v. State

NO. 22031

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

JERRY PACARIEM,

                        Petitioner-Appellant,
                                                                )
vs.                                                            )
                                                                 )
STATE OF HAWAI`I,                             )
                                                                 )
                        Respondent-Appellee,      )
________________________________ )

S.P.P. NO. 97-0043

(CR. NO. 91-0729)

APPEAL FROM THE CIRCUIT

COURT OF THE FIRST CIRCUIT
 

SUMMARY DISPOSITION ORDER

After carefully reviewing the record and the briefs submitted by the parties and duly considering and analyzing the law relevant to the arguments and issues raised by the parties, we conclude that the claims raised by Petitioner-Appellant Jerry Pacariem in his Hawaii Rules of Penal Procedure (HRPP) Rule 40 Petition for Post-Conviction Relief were either not properly presented for appeal, previously ruled upon, waived, or not colorable. Accordingly,

IT IS HEREBY ORDERED that the October 5, 1998 Findings of Fact, Conclusions of Law and Order Denying Request for Hearing on Rule 40 Petition is affirmed.

DATED: Honolulu, Hawaii, June 28, 2000.
 

On the briefs:

Richard T. Pafundi for 

petitioner-appellant.
 

Alexa D. M. Fujise, 

Deputy Prosecuting Attorney,

City and County of Honolulu,

for respondent-appellee. 
 

JAMES S. BURNS

Chief Judge

CORINNE K. A. WATANABE

Associate Judge

JOHN S. W. LIM

Associate Judge