*** NOT FOR
PUBLICATION ***
NO. 27166
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
DAT MINH TRAN, Petitioner-Appellant,
vs.
STATE OF HAWAI`I, Respondent-Appellee.
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 03-1-0052)
ORDER DISMISSING
APPEAL
(By: Nakayama, J. for the court (1))
Upon review of the record, it appears that the circuit
court's January 27, 2005
order denying appellant's HRPP Rule 40 petition for post-conviction
relief was
appealable by notice of appeal filed with the circuit court within
thirty days
after the order was entered. See HRPP 40(h); HRAP 4(b)(1). Appellant's notice of
appeal was filed with the circuit court on March 8, 2005, thirty-eight days after
entry of the January 27, 2005 order and was
untimely. 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,
August 4, 2005.
1.
Considered by: Moon, C.J.,
Levinson, Nakayama, Acoba, and Duffy, JJ.