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Wagner v. State

Intermediate Court of Appeals of Hawai'i

January 10, 2014

JOHN ALBERT WAGNER, Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent-Appellee

As Amended February 21, 2014.

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT. CR. NO. 98-227K; S.P.P. NO. 12-1-003K.

On the briefs: John Albert Wagner, Petitioner-Appellant.

Linda L. Walton, Deputy Prosecuting Attorney, County of Hawai'i, for Respondent-Appellee.

Foley, Presiding Judge, Leonard and Reifurth, JJ.

OPINION

SUMMARY DISPOSITION ORDER

Petitioner-Appellant John Albert Wagner (Wagner) appeals from the Order Dismissing Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, filed April 16, 2012 (Order Denying Relief), which was entered by the Circuit Court of the Third Circuit (Circuit Court), on August 1, 2012.[1]

This is an appeal from a proceeding seeking postconviction relief. It appears that Wagner entered into a plea agreement in the underlying criminal case, Cr. No. 98-227K. No direct appeal was filed from the Judgment and Conviction that was entered therein on November 3, 1998.

On this appeal, Wagner contends: (1) that information received by the police from a " confidential informant" was insufficient to conduct a traffic stop, search, and seizure, which preceded Wagner's arrest, plea, and conviction; and (2) the State of Hawai'i lacks jurisdiction over his crimes committed within the boundaries of the State because of the Apology Resolution of 1993.

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, as well as the relevant rules, statutes, and case law, we conclude that Wagner's appeal is. without merit.

Therefore, the Circuit Court's August 1, 2012 Order Denying Relief is affirmed.


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