State v. Cooke

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
26-SEP-2025
08:13 AM
Dkt. 30 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
MATTHEW JAMES COOKE, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPC-XX-XXXXXXX)

ORDER
(By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon consideration of Defendant-Appellant Matthew James
Cooke's Response to Court's Order to Show Cause, filed August 28,
2025, the papers in support, and the record, we conclude the
court lacks jurisdiction. Cooke appeals from the January 30,
2023 Judgment of Conviction and Probation Sentence. His Notice
of Appeal, filed on January 30, 2025, was not filed within thirty
days after entry of the Judgment of Conviction and Probation
Sentence, as required by Hawai#i Rules of Appellate Procedure
Rule 4(b)(1). "[C]ompliance with the requirement of the timely
filing of a notice of appeal is jurisdictional." State v.
Brandimart, 68 Haw. 495, 496, 720 P.2d. 1009, 1010 (1986). Trial
counsel's alleged ineffectiveness in failing to timely appeal is
not "clear and plain from the record[.]" Cf. State v. Cardenas,
150 Hawai#i 307, 318–19, 500 P.3d 492, 503–04 (App. 2021)
(stating that appellate court may consider a late appeal on the
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

merits "where counsel's ineffectiveness in filing an untimely
appeal is clear and plain from the record").
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed without prejudice to Cooke seeking relief by petition
under Hawai#i Rules of Penal Procedure Rule 40.
DATED: Honolulu, Hawai#i, September 26, 2025.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

2