NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 27849


IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I



STATE OF HAWAI‘I, Plaintiff-Appellee, v.

ROBIN BENEDICT CANTIBEROS, Defendant-Appellant



APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT,
NORTH AND SOUTH KONA DIVISION
(CASE NO. 1560861MH)


SUMMARY DISPOSITION ORDER
(By: Recktenwald, C.J., Foley and Fujise, JJ.)

Defendant-Appellant Robin Benedict Cantiberos (Cantiberos) appeals from the Judgment entered on March 2, 2006 in the District Court of the Third Circuit, North and South Kona Division (1) (district court). Cantiberos was charged with driving without a license, in violation of Hawaii Revised Statutes § 286-102 (Supp. 2004), on July 5, 2005.

On appeal, Cantiberos contends that because the Hawai‘i County complaint was in conflict with the governing compacts between the State of Hawai‘i and the United States based upon the fact that Cantiberos is Hawaiian, the district court should have dismissed the charge against him. Cantiberos also contends the district court did not make an appropriate order on the record denying his motion to dismiss the complaint.

Upon careful review of the record and briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we conclude that Cantiberos's appeal is without merit. Cantiberos failed to comply with Hawai‘i Rules of Appellate Procedure Rules 10(b) and 11(a). Since there are no transcripts of the district court proceedings, "the record is insufficient to show that the alleged error occurred." State v. Hoang, 93 Hawai‘i 333, 336, 3 P.3d 499, 502 (2000). Furthermore, this court finds Cantiberos's legal arguments to be incomprehensible.

Therefore,

The Judgment entered on March 2, 2006 in the District Court of the Third Circuit, North and South Kona Division, is affirmed.

DATED: Honolulu, Hawai‘i, June 21, 2007.

On the briefs:

Robin Benedict Cantiberos,
Defendant-Appellant pro se.

Roland J. Talon,
Deputy Prosecuting Attorney,
County of Hawai‘i,
for Plaintiff-Appellee.

1. The Honorable Joseph P. Florendo, Jr., presided.