State v. Dela Cruz (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 28053

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
LIGAYA DELA CRUZ, aka JOY, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CRIMINAL NO. 01-1-2498)





SUMMARY DISPOSITION ORDER
(By: Recktenwald, C.J., Nakamura and Leonard, JJ.)

Defendant-Appellant Ligaya Dela Cruz, aka Joy (Dela Cruz), appeals from the Order of Resentencing; Revocation of Probation (Revocation Order), filed on July 17, 2006, in the Circuit Court of the First Circuit (Circuit Court). ⁽¹⁾ The Circuit Court resentenced Dela Cruz to a term of five years of imprisonment to run concurrently with her sentence in Cr. No. 04-1-2506. Dela Cruz timely filed her Notice of Appeal.

Dela Cruz raises one point of error. She contends that because her felony convictions in Cr. No. 04-1-2506 should be overturned on appeal, the Revocation Order also should be reversed.

On January 9, 2008, this court affirmed the Judgment of Conviction and Sentence in Criminal Number 04-1-2506. State v. Dela Cruz, 116 Hawai‘i 464, 173 P.3d 611 (App. 2008). On
October 28, 2008, the Hawai‘i Supreme Court rejected Dela Cruz's application for a writ of certiorari in Cr. No. 04-1-2506. State v. Dela Cruz, 2008 WL 4750794 (Hawai‘i 2008).

Therefore, we affirm the Circuit Court's July 17, 2006 Revocation Order.

DATED: Honolulu, Hawai‘i, November 19, 2008.

On the briefs:

Brandon K. Flores
for Defendant-Appellant

Peter B. Carlisle
Prosecuting Attorney
Loren J. Thomas
Daniel H. Shimizu
Deputy Prosecuting Attorneys
for Plaintiff-Appellee

1.      The Honorable Richard W. Pollack presided.