ABADILLA v. STATE, 30247. (2012)
Court: Court of Appeals of Hawaii
Number: inhaco20120911194
Visitors: 11
Filed: Sep. 11, 2012
Latest Update: Sep. 11, 2012
Summary: NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER DISMISSING APPEAL AS MOOT Petitioner-Appellant Faustino Abadilla (Abadilla) appeals from the "Findings of Fact, Conclusions of Law and Order Denying Petitioner's May 28, 2009 Petition for Post-Conviction Relief (Rule 40, HRPP)," entered December 2, 2009 in the Circuit Court of the Third Circuit. 1 Abadilla's "Petition for Post Conviction Relief (Rule 40, HRPP)" and appeal challenge the terms of his minimum terms of imp
Summary: NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER DISMISSING APPEAL AS MOOT Petitioner-Appellant Faustino Abadilla (Abadilla) appeals from the "Findings of Fact, Conclusions of Law and Order Denying Petitioner's May 28, 2009 Petition for Post-Conviction Relief (Rule 40, HRPP)," entered December 2, 2009 in the Circuit Court of the Third Circuit. 1 Abadilla's "Petition for Post Conviction Relief (Rule 40, HRPP)" and appeal challenge the terms of his minimum terms of impr..
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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
ORDER DISMISSING APPEAL AS MOOT
Petitioner-Appellant Faustino Abadilla (Abadilla) appeals from the "Findings of Fact, Conclusions of Law and Order Denying Petitioner's May 28, 2009 Petition for Post-Conviction Relief (Rule 40, HRPP)," entered December 2, 2009 in the Circuit Court of the Third Circuit.1
Abadilla's "Petition for Post Conviction Relief (Rule 40, HRPP)" and appeal challenge the terms of his minimum terms of imprisonment fixed by the Hawai'i Paroling Authority.2 All of Abadilla's minimum terms of imprisonment have expired.
Therefore, this appeal is moot, and IT IS HEREBY ORDERED dismissed.
FootNotes
1. The Honorable Greg K. Nakamura presided.
2. Respondent-Appellee State of Hawai'i argues that the expiration of Abadilla's minimum terms was properly calculated based on State v. Tauiliili, 96 Haw. 195, 29 P.3d 914 (2001). See State v. Garcia, 125 Haw. 429, 263 P.3d 709 (2010) (applying the Tauiliili decision retroactively).
Source: Leagle
