*** NOT FOR PUBLICATION ***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.