Royce v. State

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
05-JAN-2026
08:24 AM
Dkt. 17 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

RUBEN ROYCE, Petitioner-Appellant, v.
STATE OF HAWAI#I, Respondent-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPN-XX-XXXXXXX; CR. NO. 1PC061001184)

ORDER DISMISSING APPEAL
(By: Nakasone, Chief Judge, and McCullen and Guidry, JJ.)

Upon review of the record, it appears that:
(1) Petitioner-Appellant Ruben Royce (Royce) filed the
notice of appeal in this matter on September 22, 2025.
(2) On October 10, 2025, the appellate clerk entered a
Notice of Non-Payment, informing Royce the filing fees due upon
submission of the notice of appeal had not been paid; that
payment in the amount of $315.00 was due on or before October 23,
2025; and that failure to pay the filing fees or file a motion to
proceed in forma pauperis by the due date would be brought to the
court's attention for appropriate action, which could result in
dismissal of the appeal.
(3) Pursuant to Hawai#i Rules of Appellate Procedure
(HRAP) Rule 11(b)(1) the record on appeal was due on or before
November 21, 2025, but was not filed because Royce failed to pay
the filing fees or obtain a fee waiver.
(4) On November 25, 2025, the appellate clerk entered a
Default of Record on Appeal, stating the time for docketing the
record on appeal had expired; Royce had not paid the filing fee
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

or obtained a fee waiver; the matter would be brought to the
court's attention on December 5, 2025 for action that could
include dismissal of the appeal; and that Royce could request
relief from default by motion.
(5) Royce has not paid the filing fees and has not
taken any further action in this appeal. An appeal may be
dismissed where the record on appeal has not been prepared
because the appellant failed to pay the required fees or obtain a
fee waiver. HRAP Rules 11(b)(2), 11(c)(2).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.

DATED: Honolulu, Hawai#i, January 5, 2026.

/s/ Karen T. Nakasone
Chief Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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