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Gordon P. Burgo v. 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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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 ...


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