State v. Grandinetti (Order Denying Defendant's HRAP Rule 40 Motion and Briefing Under the 10-day Rule, and Reinstatement of Appeal)

NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER

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NO. 28194

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

STATE OF HAWAI`I, Plaintiff-Appellee,

v.

FRANCIS ANTHONY GRANDINETTI, aka

ALBERT FERNANDEZ, aka FRANK MYERS,

aka FRANK IRANDINE, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CRIMINAL NO. 93-0141)

ORDER DENYING DEFENDANT'S HRAP RULE 40 MOTION AND

BRIEFING UNDER THE 10-DAY RULE, AND REINSTATEMENT OF APPEAL

(By: Recktenwald, C.J., Watanabe and Foley, JJ.)

Upon consideration of Defendant-Appellant Francis Grandinetti's June 14, 2007 Rule 40 motion and briefing under 10-day rule and reinstatement of appeal, which this court deems a motion to reconsider the May 30, 2007 order dismissing Appellant's appeal, it appears: (1) Appellant did not file the statement of jurisdiction and the opening brief as required; and (2) the dismissal of the appeal was proper. Therefore,

IT IS HEREBY ORDERED that the motion for reconsideration is denied.

DATED: Honolulu, Hawai`i, July 12, 2007.