*** NOT FOR PUBLICATION ***
NO.
27434
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
CHARLES IRA
BALCHER, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(CASE NO.
CONA5 of 5/5/05)
ORDER DISMISSING APPEAL
(By:
Nakayama, J. for the court (1))
Upon review of the record, it
appears that the district court's May 5, 2005 judgment was appealable
by notice of appeal
filed within thirty days after the judgment was filed. See
HRAP 4(b)(1). The district court, the Honorable Leslie Hayashi
presiding, extended the time for appeal until August 5, 2005, but the time for appeal could
have been extended only until July 5, 2005. See
HRAP 4(b)(5)("[T]he district court may . . .
extend the time for filing a notice of appeal for a period not to
exceed 30 days from the expiration of [the original 30-day
deadline].").
The notice of appeal filed
on August 4, 2005 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,
February 9, 2006.
1. Considered by: Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.