State v. Davidson ( 2023 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
01-FEB-2023
07:58 AM
Dkt. 12 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
STATE OF HAWAI I, Plaintiff-Appellee, v.
MATTHEW DAVIDSON, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CPC-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon review of the record, it appears that we lack
jurisdiction over Defendant-Appellant Matthew Davidson's
(Davidson) appeal from the Circuit Court of the Fifth Circuit's
August 9, 2022 Judgment of Conviction and Probation Sentence
because Davidson does not appeal from a final order or judgment,
and the circuit court has not otherwise entered a final,
appealable order or judgment in the underlying proceeding.
Hawaii Revised Statutes § 641-11 (2016); State v. Nicol, 140
Hawai i 482, 492, 403 P.3d 259, 269 (2017).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction. 1
1
On January 16, 2023, Davidson filed a Motion for Leave to Withdraw
Appeal or for Dismissal of Appeal Without Prejudice, but the motion is not
supported by an affidavit or declaration by Davidson that reflects a knowing,
intelligent, and voluntary understanding of the consequences of dismissal of
the appeal, as required by Hawai i Rules of Appellate Procedure Rule 42(c).
Moreover, because it appears that attorney Kai Lawrence has not been
substituted in to represent Davidson in the Circuit Court and the record
indicates Davidson is represented by Shaylene Iseri, Esq. in the underlying
case, 5CPC-XX-XXXXXXX, the circuit court may wish to clarify who represents
Davidson going forward.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
IT IS FURTHER ORDERED that all pending motions are
dismissed.
IT IS FURTHER ORDERED that the appellate clerk shall
serve a copy of this order on the clerk of the Circuit Court of
the Fifth Circuit.
DATED: Honolulu, Hawai i, February 1, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
2