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Villanueva v. State

Intermediate Court of Appeals of Hawaii

October 30, 2013

GERALD VILLANUEVA, Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (S.P.P. 13-1-0005(2)) (CR. NO. 96-0078(2))

Nakamura, C.J., Leonard and Reifurth, JJ.

ORDER DISMISSING APPEAL

Upon review of the "Motion for Relief From This Default, " filed September 20, 2013, by Petitioner-Appellant Gerald Villanueva (Appellant), pro se, which the court construes as a motion for relief from default of the record on appeal, the papers in support, and the record, it appears that (1) Appellant filed a notice of appeal on July 10, 2013; (2) on August 14, 2013, the court denied Appellant's motion for leave to proceed on appeal in forma pauperis because Appellant failed to identify the issues to be raised on appeal as required by the appellate rules; (3) Hawai'i Rules of Appellate Procedure (HRAP) Rule 24(c) provides that where a motion to proceed in forma pauperis is denied the movant shall, within ten days after the motion is denied, pay all unpaid filing fees and give security for ...


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