State v. McDaniel

February 22, 2018 by Justia

The Supreme Court vacated the intermediate court of appeal’s (ICA) order dismissing Appellant’s appeal for lack of appellate jurisdiction and remanded this case to the ICA for further proceedings because the record did not establish that Appellant’s court-appointed counsel consulted with Appellant to determine whether he wished to appeal the judgment of conviction and probation sentence adjudging Appellant guilty of one count of theft in the second degree. The ICA determined that Appellant’s appeal, which was filed outside of the required statutory thirty-day period, did not fall within an exception to the requirement that the notice of appeal be timely filed. The Supreme Court held (1) pursuant to Maddox v. State, 407 P.3d 152, 161 (2017), Appellant was entitled, on his first appeal, to court-appointed counsel who “may not deprive him of his appeal by electing to forego compliance with procedural rules”; and (2) therefore, under Haw. R. App. P. 4(b), the ICA had jurisdiction to consider Appellant’s untimely appeal. View "State v. McDaniel " on Justia Law