*** NOT FOR PUBLICATION ***
NO. 27340
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
EUGENE P. GORDON, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 98-2082)
ORDER DISMISSING
APPEAL
(By: Nakayama, J. for the court (1))
Upon review of the record, it appears
that the circuit court's April 5, 2005 order denying appellant's HRPP
Rule 35 motion
for correction of sentence was appealable by notice of appeal filed
with the circuit court within thirty days after the order
was entered. See HRAP 4(b)(1).
Appellant's notice of appeal was filed with the circuit court on June
7, 2005, sixty-three
days after entry of the April 5, 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, November 8,
2005.
1. Considered by:
Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.