State v. Lovell

NOT FOR PUBLICATI(_)N IN WES'(I"S HAWAII REPORTS OR THE PACIFIC REPORTER

NO. 3004O
IN THE INTERMEDIATE COURT OF APPEALS

oF THE STATE OF HAWAI‘I

STATE OF HAWAfI, Plaintiff-Appellee,
v.
RICHARD K. LOVELL, SR., Defendant-Appellant

LS 19 £M 53 P%RFBIBZ

APPEAL FROM THE DlSTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH HlLO DIVlSION
(CITATION NO. 3DTI-09-O23832)

SUMMARY DISPOSITION ORDER
(By: Fujise, Presiding Judge, Leonard and Reifurth, JJ.)

Defendant-Appellant Richard K. Lovell, Sr. (Lovell)

appeals from the Judgment After Trial De Novo & Notice of Entry

of Judgment entered on August 27, 2009 in the District Court of

the Third Circuit, North and South Hilo Division (district

court).W
On August 4, 2009, the district court found that Lovell

was guilty of violating Hawaii Revised Statutes § 291-ll.6(a)(l),

Mandatory Use of Seat Belts.

On appeal, Lovell claims,
information that informs me that the constitution and laws of
have force and or effect in the Hawaiian

"I am unable to find any

'State of Hawaii'
Kingdom and are enforceable for and/or against me while I'm in

the Hawaiian Kingdom." We understand Lovell to be contesting the

jurisdiction of the district court.
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, we

resolve Lovell's point of error as follows:
Lovell's claim that the district court lacked

jurisdiction over him because he is presently, and was at the

time of his citation, in the Kingdom of Hawafi is without merit.

State V. Lee, 90 HawaiW.l30, l42, 976 P.2d 444, 456 (l999) ("it

is clear that the various constitutions of the kingdom do not

1 The Honorable Harry P.N. Freitas presided.

CIB"H;J

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER~

bind the current government of the state of HawaiUF). Hawafi's
motor vehicle laws apply to anyone operating a motor vehicle on
the public roadways. State v. Fergerstrom, 106 HawaiU.43, 55,
lOl P.3d 652, 664 (App. 2004).

Therefore,

IT IS HEREBY ORDERED that the August 27, 2009 Judgment
After Trial De Novo & Notice of Entry of Judgment is affirmed.

DATED: Honolulu, Hawafi, June 29, 20lO.

On the briefs: §§

Richard K. Lovell, Sr. Presing o_».

Defendant-Appellant, Pro Se. A1g__,
/”*¢ ?/v
l , b l

fo`i.te ludge

b

Andrew D. Son,

Deputy Prosecuting Attorney,
County of Hawaii,

for Plaintiff-Appellee.

Associate Judge