State v. Magazu

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-JUN-2026
09:32 AM
Dkt. 33 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

STATE OF HAWAIʻI, Plaintiff-Appellee,
v.
ERIC MAGAZU, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
LĪHUʻE DIVISION
(CASE NO. 5DTI-24-009401)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon review of the record, it appears that self-
represented Defendant-Appellant Eric Magazu (Magazu) appeals
from the District Court of the Fifth Circuit, Lihuʻe Division's
December 19, 2024 Judgment and Notice of Entry of Judgment
(December 19, 2024 Judgment), its March 10, 2026 Judgment and
Notice of Entry of Judgment, and its March 18, 2026 Court Ruling
Re: "Motion for Reconsideration of Order Denying Motion to Set
Aside Judgment/Dated March 10, 2026."
"This court is under an obligation to ensure that we
have jurisdiction to hear and determine each case and to dismiss
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

an appeal on our own motion where we conclude we lack
jurisdiction. When we perceive a jurisdictional defect in an
appeal, we must, sua sponte, dismiss that appeal." State v.
Nilsawit, 137 Hawaiʻi 214, 216, 367 P.3d 708, 710 (App. 2016)
(citations and quotation marks omitted).
Pursuant to Hawaiʻi Civil Traffic Rules (HCTR)
Rule 19(d), "Appeals from judgments entered after a trial may be
taken in the manner provided for appeals from district court
civil judgments." (Emphasis added). In interpreting that rule,
this court has consistently held that a party to a civil traffic
case may only appeal from a judgment entered after a trial
requested pursuant to Hawaiʻi Revised Statutes (HRS)
§ 291D-13(a). See e.g., State v. Hofer, No. CAAP-XX-XXXXXXX,
2018 WL 3154593, at *1 (App. June 28, 2018) (Order) (dismissing
appeal for lack of jurisdiction because the district court had
"not yet held the trial"); State v. Bikle, No. CAAP-XX-XXXXXXX,
2018 WL 655176, at *1 (App. Feb. 1, 2018) (Order) (noting that
an appeal from a civil traffic infraction may only be made
"[a]fter the district court enters the resulting judgment on the
trial"); cf. HRS §§ 291D-7(c)(2) (Supp. 2025) and 291D-8(b)(4)
(Supp. 2025) (providing that appeals are not permitted from
district court judgments entered after a defendant admits
commission of the infraction but explains mitigating
circumstances). The judgment entered after trial is the
"appealable final judgment under HRS § 641–1(a)," because it
fully decides all rights and liabilities of all parties, leaving
nothing further to be accomplished. State v. Aquino, No. CAAP-
XX-XXXXXXX, 2013 WL 5508929, at *1 (App. Oct. 4, 2013) (Order).
The December 19, 2024 Judgment is not a judgment
entered after a trial. Because the December 19, 2024 Judgment
is not appealable, we conclude the two post-judgment orders from
which Magazu also appeals are likewise not appealable. Cf.

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

State by Office of Consumer Prot. v. Joshua, 141 Hawaiʻi 91, 96
n.8, 405 P.3d 527, 532 n.8 (2017) (noting that "an order on a
HRCP Rule 60(b) motion for relief from a final judgment is not
appealable without an underlying judgment that is a final,
appealable judgment").
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction without prejudice to seeking
relief from the District Court under HCTR Rule 18.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawaiʻi, June 19, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

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