Entendencia v. Grabtree
| Decision Date | 15 October 1997 |
| Docket Number | No. 97-00285 DAE.,No. 97-00286 DAE.,97-00285 DAE.,97-00286 DAE. |
| Citation | 980 F.Supp. 1172 |
| Parties | Brian K. ENTENDENCIA, Petitioner, v. Joseph GRABTREE, Warden, Respondent. Brian K. ENTENDENCIA, Petitioner, v. Joseph GRABTREE, Warden, Respondent. |
| Court | Hawaii Supreme Court |
Brian K. Entendencia, Sheridan, OR, pro se.
Lisa M. Itomura, Office of Atty. General-State of Hawaii, Honolulu, HI, for Respondent.
ORDER DENYING MOTION TO AMEND OR VACATE SENTENCE
The Petitioner, BRIAN K. ENTENDENCIA, is a prisoner in federal custody at the Federal Correctional Institute ("FCI") in Sheridan, Oregon. On April 21, 1997, Petitioner filed an "Amended Petition Under 28 U.S.C. § 2254 For Writ of Habeas Corpus By A Person In State Custody" ("Amended Petition I"), challenging an April 10, 1978, state court conviction. See Civil No. 97-00285 ACK. On this same date Petitioner also filed a second "Amended Petition for Writ of Habeas Corpus" ("Amended Petition II"), challenging a March 16, 1978 state court conviction. See Civil No. 97-00286 ACK. On October 2, 1997, Respondent the State of Hawai`i timely answered both Petitions.
On October 9, 1997, the court consolidated the actions and reassigned them to this Court. See October 9, 1997 Order Consolidating and Reassigning Cases. On October 10, 1997, Respondent filed supplemental exhibits to the answer to the petition. For the following reasons, the court now CONSTRUES THE PETITIONS AS HAVING BEEN BROUGHT PURSUANT TO 28 U.S.C. § 2255; and DENIES the Petitions.
The following is a chronology of the relevant dates and events for Amended Petition I, CIV. NO. 97-00285:
April 10, 1978 Petitioner, represented by attorney
Curtis Narimatsu, pled guilty to
Burglary in the Second Degree in
Cr. No. 5565 and Theft in the First
Degree and Promoting a Detrimental
Drug in the Third Degree in Cr
No. 5533 pursuant to a plea agreement
with Deputy Prosecutor Jon
Ono, who then dismissed a charge
of Burglary in the First Degree
Affidavit of Curtis Narimatsu; Respondent's
Exhibits A and B
Petitioner was sentenced that same
day to a maximum indeterminate
term of five years imprisonment
each for Burglary in the Second
Degree and for Theft in the First
Degree, to be served concurrently
with a term of sixty days jail suspended
for Promoting a Detrimental
Drug in the Third Degree. Respondent's
Exhibits A & B
May 10, 1978 The 30-day period for Petitioner to
file a Notice of Appeal in Cr. Nos
5533 and 5565 expired. Hawai'i
Rules of Appellate Procedure Rule
4(b).
November 10, 1988 Petitioner was indicted by a Federal
grand jury for a bank robbery
that occurred on October 21, 1988
under CR. NO. 88-01591 DAE. Respondent's
Exhibit C.
December 29, 1988 Petitioner pled guilty in CR. NO.
88-01591 DAE, pursuant to a plea
agreement with the U.S. Attorney's
Office. Respondent's Exhibit D.
March 20, 1989 Petitioner, represented by Federal
Public Defender Lani Garcia, was
sentenced to 20 years imprisonment
in CR. NO. 88-01591 DAE.
Respondent's Exhibit E.
March 30, 1989 Petitioner filed a Notice of Appeal
in CR. NO. 88-01591 DAE. Respondent's
Exhibit F.
June 22, 1990 The Ninth Circuit Court of Appeals
affirmed Petitioner's sentence in
CR. NO. 88-01591 DAE. Respondent's
Exhibit G.
October 29, 1990 Petitioner filed a Motion To Vacate,
Set Aside or Correct Sentence in
CR. NO. 88-01591 DAE. Respondent's
Exhibit H.
December 6, 1990 Petitioner's Motion To Vacate, Set
Aside or Correct Sentence in CR.
NO. 88-01591 was denied. Respondent's
Exhibit I. Judgment
was entered December 14, 1990.
Respondent's Exhibit J.
February 19, 1993 Petitioner filed a Petition for Post-Conviction
Relief in Cr. No. 5533
and 5565 in state court under Hawaii
Rules of Penal Procedure Rule
40. Respondent's Exhibit K.
February 1, 1994 Petitioner filed a Writ of Mandamus
with the Hawai`i Supreme
Court, asking that it order the Circuit
Court of the Third Circuit to
hear his Rule 40 Petition. Respondent's
Exhibit L.
February 9, 1994 The Hawaii Supreme Court denied
Petitioner's Writ of Mandamus.
Respondent's Exhibit M.
August 21, 1996 The Circuit Court of the Third Circuit
denied Petitioner's Rule 40 Petition.
Respondent's Exhibits N
and P.
The following is a chronology of the relevant dates and events for Amended Petition II, CIV. NO. 97-00286:
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