Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Gordon P. Burgo v. State of Hawaii

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


May 3, 2012

GORDON P. BURGO,
PETITIONER-APPELLANT,
v.
STATE OF HAWAII, RESPONDENT-APPELLEE

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (S.P.P NO. 10-1-006K)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding Judge, Leonard and Reifurth, JJ.)

Petitioner-Appellant Gordon Paul Burgo ("Burgo") appeals from the September 3, 2010 Order Finding Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, Filed May 17, 2010, Patently Frivolous and Dismissing Petition entered in the Circuit Court of the Third Circuit ("Circuit Court").*fn1

On August 21, 2006, in FC-CR No. 04-1-385K, Burgo pleaded guilty to one count of Sexual Assault in the Second Degree and one count of Sexual Assault in the Third Degree. On October 16, 2006, the Circuit Court entered a judgment and sentence related to those counts.

Also on August 21, 2006, in CR No. 05-1-0043K, Burgo pleaded guilty to two counts of Sexual Assault in the Third Degree. On October 16, 2006, the Circuit Court entered a judgment and sentence related to those counts. On May 17, 2010, Burgo filed a Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner For [sic] Custody ("Petition"), pursuant to Rule 40 of the Hawaii Rules of Penal Procedure. Burgo challenged his convictions in FC-CR No. 04-1-385K and CR No. 05-1-0043K stating the following grounds for relief:

A. Ground one: Nishitani v. Baker

Supporting FACTS (tell your story briefly without citing cases or laws): State of Hawaii must prove beyond a reasonable doubt that the State of Hawaii is in fact a (legitimate government

B. Ground two: Organic Constitution of 1787

Supporting FACTS (tell your story briefly without citing cases or laws): I stand apon [sic] my constitutional rights of the (organic) constitution of 1787, I am an American national citizen.

C. Ground three: See CR No. 05-1-43K writ of Habeas Corpus

D. Ground four: In re Apuna, 6 Haw 732, 1869 Haw. LEXIS 3 (1869)

Supporting FACTS (tell your story briefly without citing cases or laws): the writ of habeas corpus was designed to release persons from illegal confinement.

On September 3, 2010, the Circuit Court dismissed Burgo's Petition and he timely filed this appeal.

As best as can be discerned from Burgo's Opening Brief, on appeal, he asserts that the Circuit Court lacked jurisdiction to convict him in FC-CR No. 04-1-385K and CR No. 05-1-0043K because he is an American national citizen, he is a citizen of the nation of Hawaii, and the State of Hawaii is a corporation. However, Burgo also states that he is not a resident of the State of Hawaii and not a citizen of the United States. 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 by the parties, we resolve Burgo's points of error as follows:

Burgo failed to provide any support for the proposition that being an "American national citizen" deprived the Circuit Court of subject matter or personal jurisdiction in FC-CR No. 04- 1-385K and CR No. 05-1-0043K. Persons claiming to be citizens of the Kingdom of Hawaii are subject to the laws of the State of Hawaii, including the statutes providing for the jurisdiction of the circuit courts. See generally State v. Fergerstrom, 106 Hawaii 43, 55, 101 P.3d 652, 664 (App. 2004); State v. Lorenzo, 77 Hawaii 219, 220, 883 P.2d 641, 642, (App. 1994); State v. Jim, 80 Hawaii 168, 172, 907 P.2d 754, 758 (1995). The State of Hawaii is not a corporation. Haw. Const. art. I, § 1. Therefore,

IT IS HEREBY ORDERED that the Order Finding Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, Filed May 17, 2010, Patently Frivolous and Dismissing Petition, filed on September 3, 2010 in the Circuit Court of the Third Circuit is affirmed.

Presiding Judge Associate Judge Associate Judge


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.