State v. Cummings ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
21-JUN-2022
07:52 AM
Dkt. 42 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
ROSLYN NICOLE MANAWAIAKEA CUMMINGS, Defendant-Appellant.
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
LÎHU#E DIVISION
(CASE NO. 5DCC-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Hiraoka and McCullen, JJ.)
Self-represented Defendant-Appellant Roslyn Nicole
Manawaiakea Cummings (Cummings) appeals from the District Court
of the Fifth Circuit, Lîhu#e Division's (district court)
March 25, 2021 Judgment/Order and Notice of Entry of
Judgment/Order.1
Cummings was convicted of violating Hawai#i
Administrative Rules (HAR) § 13-146-4, Closing of areas,2 an
1
The Honorable Michael K. Soong presided.
2
HAR § 13-146-4 provides as follows:
(a) The board or its authorized representative may
establish a reasonable schedule of visiting hours for all or
portions of the premises and close or restrict the public
use of all or any portion thereof, when necessary for the
protection of the area or the safety and welfare of persons
or property, by the posting of appropriate signs indicating
the extent and scope of closure. All persons shall observe
and abide by the officially posted signs designating closed
areas and visiting hours.
(continued...)
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
administrative rule adopted by the Department of Land and Natural
Resources.3
On appeal, Cummings contends:
No Evidence of Jurisdiction "Burden of Proof" falls on the
STATE OF HAWAII for Superior Title to argue entering of
Closed Areas on said location that the STATE does not have
jurisdiction over. ROSLYN NICOLE MANAWAIAKEA CUMMINGS with
Memorandum Declaration of Hawaiian National stating inherent
vested rights to the Kingdom of Hawai#i; Grandfather clause.
We construe Cummings' contentions as challenging jurisdiction and
the sufficiency of the evidence.
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised, we resolve
Cummings' contentions as follows, and affirm.
(1) Regarding Cummings' jurisdictional challenge,
"[p]ursuant to HRS § 701-106 (1993), the [S]tate's criminal
jurisdiction encompasses all areas within the territorial
boundaries of the State of Hawai#i." State v. Kaulia, 128 Hawai#i
479, 487, 291 P.3d 377, 385 (2013) (internal quotation marks
omitted) (quoting State v. Jim, 105 Hawai#i 319, 330, 97 P.3d
395, 406 (App. 2004)). The Hawai#i Supreme Court has reaffirmed
that "whatever may be said regarding the lawfulness of its
origins, the State of Hawai#i is now, a lawful government.
Individuals claiming to be citizens of the Kingdom and not of the
State are not exempt from application of the State's laws." Id.
2
(...continued)
(b) Vehicles left unattended in closed areas may be
impounded by the board or its authorized representative at
any time.
(c) All impounded vehicles shall be towed to a place
of storage. Towing, storage and other related 13—146—7 costs
shall be assessed pursuant to section 290-11, HRS.
3
Violation of HAR § 13-146-4 is a petty misdemeanor. Hawaii Revised
Statutes (HRS) 184-5(b) (2011).
2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
(cleaned up) (quoting State v. Fergerstrom, 106 Hawai#i 43, 55,
101 P.3d 652, 664 (App. 2004), aff'd, 106 Hawai#i 41, 101 P.3d
225 (2004)).
(2) Regarding the sufficiency of evidence argument,
Cummings failed to provide this court with transcripts of the
proceedings. "If the appellant intends to urge on appeal that a
finding or conclusion is unsupported by the evidence or is
contrary to the evidence, the appellant shall include in the
record a transcript of all evidence relevant to such finding or
conclusion." Hawai#i Rules of Appellate Procedure Rule 10(b)(3).
Without the relevant transcript, this court has no basis to
review a claim of insufficient evidence. State v. Hoang, 93
Hawai#i 333, 334-36, 3 P.3d 499, 500-02 (2000).
Based on the foregoing, we affirm the district court's
March 25, 2021 Judgment/Order and Notice of Entry of
Judgment/Order.
DATED: Honolulu, Hawai#i, June 21, 2022.
On the briefs: /s/ Katherine G. Leonard
Presiding Judge
Roslyn Nicole Manawaiakea
Cummings, /s/ Keith K. Hiraoka
Defendant-Appellant, pro se. Associate Judge
Tracy Murakami, /s/ Sonja M.P. McCullen
Deputy Prosecuting Attorney, Associate Judge
County of Kaua#i,
for Plaintiff-Appellee.
3