***
NOT FOR PUBLICATION ***
NO.
26988
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
JOSEPH
CHESTER BROWN, Petitioner-Appellant
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO.
04-1-0062)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
statements supporting and contesting jurisdiction and the record, it
appears that the circuit court's
October 7, 2004 order denying appellant's HRPP Rule 40 petition for
post-conviction relief was appealable by notice of
appeal filed within thirty days after the order was entered. See HRPP 40(h); HRAP
4(b)(1). Appellant's notice of appeal
was filed on December 8, 2004, sixty-two days after entry of the
October 7, 2004 order and is untimely. Appellant did not
obtain an extension of time to appeal from the circuit court pursuant
to HRAP 4(b)(5) and our recognized exceptions to the
requirement that notices of appeal be timely filed do not apply in this
case. Thus, we lack jurisdiction. See Grattafiori v.
State, 79 Hawai`i 10, 13, 897 P.2d 937, 940 (1995)
("[C]ompliance
with the requirement of the timely filing of a notice of
appeal is jurisdictional, and we must dismiss an appeal on our own
motion if we lack jurisdiction."). Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, March 22, 2005.