State v. Dawson, 5301
| fullCitation | State v. Dawson, 507 P.2d 723, 54 Haw. 400 (Haw. 1973) |
| Decision Date | 14 March 1973 |
| Citation | 507 P.2d 723,54 Haw. 400 |
| Docket Number | No. 5301,5301 |
| Parties | STATE of Hawaii, Plaintiff-Appellee, v. Francis E. DAWSON, Defendant-Appellant. |
| Court | Hawaii Supreme Court |
Syllabus by the Court
This court is without jurisdiction to entertain an appeal from a judgment of conviction where the appeal is taken from an oral decision of the judge recorded in the clerk's minutes and not from the judgment signed by the judge and filed in the office of the clerk of court.
David R. Carroll, Honolulu (Darryl M. Silverman, Honolulu, on the briefs), for defendant-appellant.
Joseph Dubiel, Deputy Pros. Atty., City and County of Honolulu, Honolulu , for plaintiff-appellee.
Before RICHARDSON, C. J., MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.
Defendant filed a notice of appeal from 'the order entered herein on April 6, 1972, the Judgment entered herein on April 18, 1972, and the order entered herein on May 17, 1972.'
The order of April 6, 1972, mentioned in the notice of appeal is the court's oral denial of defendant's motion to quash indictment; the judgment of April 18, 1972, is the oral decision of the court recorded in the clerk's minutes as follows: 'The Court rendered an oral decision finding defendant Guilty as charged in the Indictment and the Court adjudged him Guilty of the offense of Indecent Assault'; and the order of May 17, 1972, is the court's oral denial of defendant's motion to vacate judgment and for entry of judgment of acquittal.
This court is without jurisdiction to entertain this appeal under H.R.Cr.P., Rules 32(b) and 37(c), as construed and applied in State v. Bulgo, 45 Haw. 501, 370 P.2d 480 (1962).
Under Rule 37(c), appeal must be taken within 10 days after entry of the judgment appealed from; and, under Rule 32(b), a judgment of conviction is entered when the judgment signed by the judge is filed in the office of the clerk of court.
In this case, there was no judgment of conviction signed by the judge and filed in the clerk's office at the time defendant filed his notice of appeal. The judgment of conviction signed by the judge was filed in the clerk's office on September 19, 1972.
Defendant has not appealed from the written judgment. In the circumstance, Bulgo applies. This court stated in that case: 'As the record does not indicate that an amended notice of appeal or a new notice was later filed, we have no alternative but to dismiss the appeals.'
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State v. Allen
...1. Rule 37(e), HRCrP, barred recognition of a notice of appeal filed after sentencing but before entry of the judgment. State v. Dawson, 54 Haw. 400, 507 P.2d 723 (1973); State v. Bulgo, 45 Haw. 501, 370 P.2d 480 (1962). Rule 37(c), HRPP, specifically allows such premature 2. Rule 49(c), HR......
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State v. Huggett
...1765, 23 L.Ed.2d 230 (1969). For purposes of appeal, however, see State v. Ferreira, 54 Haw. 485, 510 P.2d 88 (1973); State v. Dawson, 54 Haw. 400, 507 P.2d 723 (1973).7 Present law (HRS § 706-642) provides that unless otherwise specified by the court, the fine shall be payable ...
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State v. Valiani, 5818
...548 P.2d 251 (1976), on motion for advancement on calendar (motion to reinstate appeal denied May 12, 1976). See also State v. Dawson, 54 Haw. 400, 507 P.2d 723 (1973); Francone v. McClay, 40 Haw. 475 Lacking jurisdiction to enterain this appeal which 'can neither be waived by the parties n......
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State v. Erwin, 5859
...to appeal in a criminal case. Timely filing of a notice of appeal has been held to be a jurisdictional requirement. State v. Dawson, 54 Haw. 400, 507 P.2d 723 (1973). Where notice of entry of the judgment was not given as required by the court rules, and counsel did not have knowledge of it......