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NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
No. 29741 w
IN THE INTERMEDIATE coURT oF APPEALS l
oF THE sTATE @F HAWAI‘I
STATE OF HAWAI‘I, Plaintiff-Appellee, §§ §§
v. =7§ §§
JOSEPH PASION, Defendant-Appellee,
and
SHANNON HOOPAI, aka Shannon Ahuna, Defendant
and
ACE BAIL BONDS L.L.C.,
Real Party in Interest-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 08-l-OO35)
SUMMARY DISPOSITION ORDER
(By: Nakamura, C.J., Foley and Fujise, JJ.)
Real Party in Interest-Appellant Ace Bail Bonds L.L.C,
appeals from the "Order Denying Motion to Set Aside Bail
(ABB)
2009" filed on March 9, 2009 in
Forfeiture,
the Circuit Court of the First Circuit
ABB contends the circuit court erred in denying the
Filed on February 12,
(circuit court).1 On
appeal,
Motion to Set Aside Bail Forfeiture and the Motion to Enlarge
Time to Surrender Defendant~Appellee Joseph Pasion (Pasion) when
the court had the authority to do so for good cause.
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised by the parties, as
well as the relevant statutory and case law, we conclude ABB's
appeal is without merit.
HRS § 804-51 (Supp. 2009) provides in relevant part:
1 The Honorable Dexter D. Del Rosario presided.
NOT FOR PUBLICATION IN WEST'S HAWAI°I REPORTS AND PACIFIC REPORTER
§804~51 Procedure. Whenever the court, in any
criminal cause, forfeits any bond or recognizance given in a
criminal cause, the court shall immediately enter up
judgment in favor of the State . . . and shall cause
execution to issue thereon immediately after the expiration
of thirty days from the date that notice is given . . . to
the surety . . . unless, before the expiration of thirty
days from the date that notice is given to the surety,
a motion . . . showing good cause why execution should not
issue upon the judgment, is filed with the court.
(Emphases added.)
Thus, a surety has thirty days after it receives notice
of the judgment and order of forfeiture of bail bond to file a
motion showing good cause as to why the judgment should not be
executed.
The Hawafi Supreme Court in State v. Camara, 81 Hawafi
324, 916 P.2d 1225 (1996), held that good cause "may be satisfied
by the defendant, prior to the expiration of the thirty-day
search period: (1) providing a satisfactory reason for his or her
failure to appear when required; or (2) surrendering or being
surrendered. lQy at 330, 916 P.2d at 1231 (emphasis added).
In the instant case, the Judgment and Order of
Forfeiture of Bail Bond was filed on November 24, 2008. The
record does not indicate the date of notice to ABB of the
judgment and order that would start the thirty-day period within
which ABB could file a motion showing good cause to stay the
execution of the judgment of forfeiture. ABB does not argue that
it did not receive the notice, and this is not an issue on
appeal.
On February 12, 2009, more than two months after the
judgment was filed, ABB filed motions to set aside the judgment
and to allow more time to find Pasion. ABB failed to show that
it timely filed these motions within the thirty-day period
required by HRS § 804-51. Moreover, the record does not support
ABB's claim that it demonstrated good cause for delaying the
execution of the judgment.
Therefore,
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
The "Order Denying Motion to Set Aside Bail Forfeiture,
Filed on February 12, 2009" filed on March 9, 2009 in the Circuit
Court of the First Circuit is affirmed.
DATED: Honolulu, Hawafi, September 23h 2010.
On the briefs: ‘
Frank M. Fernandez
for Real Party in 1nterest-
Q ,
Appellant. Aj;/ . § j
/ 7/,,7»g/(,»¢",g,/\._
Loren J. Thomas, Chief Judge
Deputy Prosecuting Attorney,
Associate Judg:#飧§;q
City and County of Honolulu,
for Plaintiff-Appellee.
Associate Judg