RAPOZO v. State

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

NO. 29771
IN THE INTERMEDIATE COURT OF APPEALS s
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OF THE STATE OF HAWAI'I S
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RICHARD B. RAPOZO, Petitioner-Appellant, v. =
STATE OF HAWAI'I, Respondent -Appellee v CG
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APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 08-1-0003; CRIMINAL NO. 51915)

SUMMARY DISPOSTTION ORDER
Chief Judge, Foley and Leonard, JJ.)

(By: Nakamura,
Petitioner-Appellant Richard B. Rapozo (Rapozo) appeals
and Order Denying

the Findings of Fact, Conclusions of Law,
filed on

Petition for Post-Conviction Relief Without a Hearing,
(Order Denying Post-Conviction Relief)
(Circuit Court) .+/

in the

March 31, 2009

Circuit Court of the First Circuit
1979, Rapozo was found guilty of Murder,

(HRS) 707-701 (1976).

On May 16, in

violation of Hawaii Revised Statutes

Rapozo was sentenced to a term of life imprisonment with the

possibility of parole. On October 15, 1980, in Appeal No. 7412,

this court affirmed Rapozo's conviction.

617 P.2d 1235 (1980).
2008, Rapozo filed a Petition to Vacate,

State v. Rapozo, 1 Haw.

App. 255,
On January 24,
Set Aside, or Correct Judgment or to Release Petitioner from

Custody (Petition) (S.P.P. No. 08-1-0003), pursuant to Hawai'i
Rules of Penal Procedure (HRPP) Rule 40. Rapozo claimed, inter
alia, that his maximum term of imprisonment
have been 20 years and that he is being held beyond the maximum
On appeal, Rapozo raises

as well as additional contentions

(or parole) should

expiration date of his sentence.

essentially the same arguments,
Issues not raised by Rapozo in the

not raised in the Petition.

The Honorable Richard K. Perkins presided.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

Petition will not be reviewed on this appeal. See Hawai‘i Rules
of Appellate Procedure Rule 28 (hb) (4) .#

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 Rapozo's points of error as follows:

In 1979, Rapozo was properly sentenced in accordance
with HRS § 706-606(b) (1976) to life with possibility of parole.
Rapozo is not being held beyond the expiration of his maximum
sentence. Rapozo's arguments to the contrary are wholly without
merit.

Accordingly, the Circuit Court's March 31, 2009 Order
Denying Petition for Post-Conviction Relief is affirmed.

DATED: Honolulu, Hawai‘i, June 28, 2010.

On the briefs: / af UL f

Richard B. Rapozo Chief Judge
Petitioner-Appellant Pro Se Fas.
Diane K. Taira |
Darcy H. Kishida Associate Judge

Deputy Attorneys General
for Respondent -Appellee

2/ In addition, with respect to Rapozo's contentions regarding the trial
judge's competency, "Rule 40 proceedings shall not be available and relief thereunder
shall not be granted where the issues sought to be raised have been previously ruled
upon or were waived." HRPP Rule 40(a) (3).