Horcajo III v. State

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-DEC-2025
08:02 AM
Dkt. 22 ODSD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ERNEST HORCAJO III, Petitioner-Appellant,
v.
STATE OF HAWAI#I, Respondent-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CPN-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon review of the record, it appears that:
(1) Self-represented Petitioner-Appellant Ernest
Horcajo III (Horcajo) filed the notice of appeal in this case on
March 27, 2025. The record on appeal was filed on May 22, 2025.
The JS and OB were due, without extension, on June 2, 2025 and
July 1, 2025, respectively. Hawai#i Rules of Appellate Procedure
(HRAP) Rules 12.1(a), 28(b).
(2) On April 17, 2025, Horcajo filed a motion for
extension of time requesting he be given more time to file
motions or briefs. On August 7, 2025, this court granted the
motion in part and extended the time to file both the statement
of jurisdiction and opening brief to September 8, 2025.
(3) On September 15, 2025, the appellate clerk entered
a default notice, stating the time for filing both the statement
of jurisdiction and opening brief had expired on September 8,
2025; the matter would be called to the court's attention on
September 25, 2025 for action that could include dismissal,
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

pursuant to HRAP Rules 12.1(e) and 30; and that Horcajo could
seek relief from default by motion.
(4) Horcajo has failed to file the statement of
jurisdiction and the opening brief, and has not taken any further
action in this appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed.
DATED: Honolulu, Hawai#i, December 22, 2025.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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