Echineque v. State

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAOT-XX-XXXXXXX
04-FEB-2026
07:51 AM
Dkt. 9 ODSLJ
NO. CAOT-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ARWIN ECHINEQUE, Petitioner,
v.
STATE OF HAWAI#I, Respondent.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NOS. 1PR101000066; 1PC141001672)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Leonard, Presiding Judge, Hiraoka and McCullen, JJ.)

Upon review of the record and files herein, it appears
as follows:
(1) Self-represented Petitioner Arwin Echineque filed
a "complaint" in this court on April 8, 2015,
(a) seeking relief under Hawai#i Rules of
Penal Procedure (HRPP) Rule 40,
(b) identifying S.P.P. No. 10-01-0066
(1PR101000066) and Cr. No. 14-1-1672
(1PC141001672) as the underlying cases,
and
(c) challenging a 2015 conviction for
Assault in the Third Degree;
(2) Echineque filed similar "complaint(s)" on May 6,
2015, June 5, 2015, and October 5, 2015;
(3) To the extent Echineque seeks HRPP Rule 40 relief,
this court does not have original jurisdiction to
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

address an HRPP Rule 40 petition, see Hawai#i
Revised Statutes § 602-57 (2016);1
(3) To the extent Echineque seeks to appeal his 2015
conviction,
(a) the judgment of conviction was entered
on June 2, 2015,
(b) the June 2, 2015 conviction was affirmed
by this court in an October 25, 2016
memorandum opinion, and
(c) a motion for reconsideration would have
been due 10 days later. Hawai#i Rules
of Appellate Procedure Rule 40(a).
Therefore, IT IS HEREBY ORDERED that case No. CAOT-15-
0000328 is dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai#i, February 4, 2026.
/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

1
Echineque filed a similar "complaint" in CAOT-XX-XXXXXXX, which was
dismissed for lack of jurisdiction.

2