*** NOT FOR PUBLICATION ***
NO. 27617
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
JAMES DAVID
KALILI, Defendant-Appellant
APPEAL FROM THE THIRD CIRCUIT COURT
(CR. NOS.
05-1-0006K and 05-1-0087K)
ORDER DISMISSING APPEAL
(By: Nakayama,
J., for the court
(1))
Upon review of the record, it appears that the August 18, 2005 judgments were
appealable under HRS § 641-11 by notices of appeal filed by
the original thirty-day
deadline of September 19, 2005 or by an extended deadline not exceeding
thirty days past September 19, 2005, which was
October 19, 2005. See HRAP 4(b)(1); HRAP
4(b)(5)("[T]he circuit . . . 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]."). Appellant's motions for
extensions of time to appeal, though not acted upon, were filed on
November 17, 2005, after expiration of the extension
period, and were of no effect. The notices of appeal filed on November
17, 2005 were untimely. Our recognized
exceptions to late criminal appeals 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, Hawaii, June 14, 2006.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.