State v. Valientino

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
27-JAN-2025
01:13 PM
Dkt. 11 AMORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
HANNAH K. VALIENTINO, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
(CASE NO. 3DTI-24-203139)

AMENDED ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)

Upon review of the record in CAAP-XX-XXXXXXX and
3DTI-24-203139,1 it appears that:
(1) Self-represented Defendant-Appellant Hannah
Valientino (Valientino) appeals from the April 19, 2024 Judgment
and Notice of Entry of Judgment (April 19, 2024 Judgment) entered
by the District Court of the Third Circuit (District Court).
(2) The April 19, 2024 Judgment notes that Valientino's
"Plea Type" was "Admit-Mitigated," entered judgment in favor of
Plaintiff-Appellee State of Hawai#i as to Count 2 "HRS 291C-101
Basic Speed Rule," and ordered fines totaling $157. The April
19, 2024 Judgment notified Valientino: "If your plea was
mitigated, the judgment is final and no further review is
permitted." Valientino paid the $157 fine on April 30, 2024.

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The court takes judicial notice of the record in 3DTI-24-203139.
Hawai#i Rules of Evidence Rule 201.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

(3) HRS § 291D-7(c)(2) (Supp. 2023) states that when "a
written explanation is included with an answer admitting
commission of the infraction, the court shall enter judgment for
the State" and "[t]here shall be no appeal from the judgement."
(4) Even if the April 19, 2024 Judgment was appealable,
Valientino filed the Notice of Appeal on October 28, 2024, which
is more than thirty days after the District Court entered the
April 19, 2024 Judgment. See Hawai#i Rules of Appellate
Procedure Rule 4(a)(1) ("When a civil appeal is permitted by law,
the notice of appeal shall be filed within 30 days after entry of
the judgment or appealable order.").
(5) When the court "perceive[s] a jurisdictional defect
in an appeal, [it] must, sua sponte, dismiss that appeal." Bacon
v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129 (1986).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, January 27, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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