State v. Davidson

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
15-APR-2026
08:05 AM
Dkt. 84 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee,
v.
MATTHEW CARTER DAVIDSON, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CPC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Matthew Carter Davidson appeals from the April 10, 2024
order denying his motion for an extension of time to appeal from
the January 29, 2024 Amended Judgment of Conviction and Probation
Sentence entered by the Circuit Court of the Fifth Circuit.1 We
affirm.
Davidson was charged by felony information with
Unauthorized Control of Propelled Vehicle (UCPV), Theft in the
First Degree, and Criminal Property Damage in the First Degree.
On October 13, 2021, he pleaded no contest to UCPV under a plea
agreement in which the State agreed to dismiss the other counts
with prejudice after sentencing.
Davidson moved to withdraw his plea on March 28, 2022.
An order denying the motion was entered on April 20, 2022.

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The Honorable Kathleen N.A. Watanabe presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

A Judgment of Conviction and Probation Sentence was
entered on August 9, 2022. The additional terms and conditions
of probation stated: "The issue on Restitution shall be
reserved." Davidson filed a notice of appeal on September 8,
2022. The appeal was dismissed for lack of jurisdiction.
Davidson again moved to withdraw his plea on
November 21, 2022. According to Davidson, the Circuit Court
never ruled on the motion because he reached an agreement with
the State on the amount of restitution.
The Amended Judgment was entered on January 29, 2024.
An Order Granting Restitution and a Free Standing Order of
Restitution were entered on February 15, 2024.
A Stipulation to Allow Defendant to Leave the
Jurisdiction was filed on February 20, 2024. It was signed by
Davidson and recited that Davidson's father was "in ill-health
and declining rapidly." Attached was an email from Davidson's
mother dated February 9, 2024, that stated:

I hope you can come out for a weekend soon to see your Dad.
He's really going downhill quickly from the Alzheimer's and
I'd like again while he can still recognize you. I'm so
very worried about him. You two are so close. I'll be
happy to pay for your round tri[p.] Please let me know at
your earliest convenience.

Also attached were copies of an itinerary for round-trip travel
between Lîhu#e and San Francisco from February 22 to 26, 2024.
The Circuit Court approved the stipulation by order entered on
February 21, 2024. Davidson signed a Waiver of Extradition filed
on February 22, 2024.
The deadline for Davidson to file a notice of appeal
from the Amended Judgment was February 28, 2024. See Hawai#i
Rules of Appellate Procedure (HRAP) Rule 4(b)(1). He did not
file one.
On March 14, 2024, Davidson filed the Motion for
Extension of Time to File a Notice of Appeal. It was supported

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

by Davidson's declaration, which stated:

2. I was convicted on January 29, 2024.

3. My father has been suffering from severe illness
and is currently on his deathbed. This has necessitated
mainland travel, time spent with family, end-of-life
planning, etc. These obligations have made it extremely
hard for me to spend time working on a notice of appeal in
this case.

4. Furthermore, my mental health issues, including
extreme bi-polarity, have been exacerbated by the issues I
have been dealing with relating to my father. This too has
made any decision-making regarding the appeal next to
impossible.

5. It is for these reasons that I missed the
initial 30-day deadline.

The Circuit Court denied the Motion for Extension by
order entered on April 10, 2024. This appeal followed.
HRAP Rule 4(b)(5) provides:

Upon showing of good cause, the circuit, district, or family
court may, no later than 30 days after the time has expired,
on motion and notice, extend the time for filing a notice of
appeal for a period not to exceed 30 days from the
expiration of the time otherwise prescribed by this
subdivision (b).

(Emphasis added.)
"Good cause" means "a sufficient reason, depending upon
the circumstances of the individual case, and that a finding of
its existence lies largely in the discretion of the court."
Eckard Brandes, Inc. v. Dep't of Lab. & Indus. Rels., 146 Hawai#i
354, 363, 463 P.3d 1011, 1020 (2020). We review the denial of an
HRAP Rule 4(b)(5) motion for extension of time for abuse of
discretion. Cf. id. at 359, 463 P.3d at 1016 (applying HRAP
Rule 4(a)(4)(B) in civil appeal).
Defense counsel in a criminal case must "explain to the
defendant the meaning and consequences of the court's judgment
and the client's right to appeal[.]" State v. Cardenas, 150
Hawai#i 307, 318, 500 P.3d 492, 503 (App. 2021). Davidson was
represented by court-appointed trial counsel when the Amended

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Judgment was entered. He does not contend his trial attorney
didn't explain his right to appeal the Amended Judgment.
He stated his travel to the mainland and obligations
surrounding his father's severe illness "made it extremely
hard for me to spend time working on a notice of appeal[.]" He
didn't have to work on a notice of appeal. On September 13, 2022
(shortly after Davidson filed his 2022 notice of appeal), Kai
Lawrence filed a Notice of Limited Special Appearance "solely for
the purpose of adding the case to Counsel's [JEFS] docket so that
[he] may access the record therein, and enter filings as needed
as they may relate to the forthcoming anticipated appeal."
We dismissed the 2022 appeal for lack of jurisdiction
on February 1, 2023. In a footnote to the order we stated:

Moreover, because it appears that attorney Kai Lawrence has
not been substituted in to represent Davidson in the Circuit
Court and the record indicates Davidson is represented by
Shaylene Iseri, Esq. in the underlying case,
5CPC-XX-XXXXXXX, the circuit court may wish to clarify who
represents Davidson going forward.

On February 8, 2023 (one year before the Amended
Judgment was entered), the State filed a Motion for Status of
Counsel. In response, Lawrence filed a declaration stating he
"has always only ever indicated that he is appellate counsel for
[Davidson] should this PC case ever reach a final judgment." The
record shows Davidson had trial and appellate counsel when the
Amended Judgment was entered. The record does not show that
Iseri or Lawrence could not or would not file his notice of
appeal, or move for an extension of time to do so.
Davidson stated his mental health issues were
"exacerbated by the issues I have been dealing with relating to
my father[,]" making "any decision-making regarding the appeal
next to impossible." The Amended Judgment was entered on
January 29, 2024. Not until eleven days later was Davidson
informed by his mother's email that his father was "going

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

downhill quickly." He had the presence of mind to sign a
stipulation allowing him to travel to San Francisco, and a
separate waiver of extradition. He did not leave Kaua#i until
February 22, 2024. Even if he hadn't already decided to appeal
from the Amended Judgment, he had twenty-four days after it was
entered to decide to appeal before he left Kaua#i to see his
father, or to ask Iseri or Lawrence to move for an extension of
time to file a notice of appeal to allow him to decide. Davidson
does not argue that either of his attorneys was ineffective, and
we cannot make that determination based on the record before us.
During the hearing on the motion to extend time, the
Circuit Court orally ruled that "the excuse for Mr. Davidson not
filing -- not timely filing a notice of appeal does not
constitute good cause." On this record, we cannot say the
Circuit Court abused its discretion in so ruling.
The April 10, 2024 Order Denying Defendant's Motion for
Extension of Time to File a Notice of Appeal of this Court's
Judgment of Conviction and Sentence Filed on January 29, 2024 is
affirmed, without prejudice to Davidson filing a proceeding under
Rule 40 of the Hawai#i Rules of Penal Procedure based on
ineffective assistance of counsel should he choose to do so.
DATED: Honolulu, Hawai#i, April 15, 2026.
On the briefs:
/s/ Katherine G. Leonard
Kai Lawrence, Presiding Judge
for Defendant-Appellant
Matthew Davidson. /s/ Keith K. Hiraoka
Associate Judge
Tracy Murakami,
Deputy Prosecuting Attorney, /s/ Clyde J. Wadsworth
County of Kaua#i, Associate Judge
for Plaintiff-Appellee
State of Hawai#i.

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