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Ngiraked v Trust Territory [1974] TTLawRp 55; 7 TTR 205 (11 September 1974)

7 TTR 205

CHRISTIAN NGIRAKED, Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee

Criminal Appeal No. 44

Appellate Division of the High Court

Palau District

September 11, 1974

Appeal from conviction of burglary and grand larceny. The Appellate Division of the High Court, Hefner, Associate Justice, held that unperfected appeal would be dismissed.

Appeal and Error—Notice and Filing of Appeal

Where notice of appeal did not, as required by rule, make a concise statement of the grounds for appeal, and brief had not been filed despite grant of various extensions to file it, appeal would be dismissed. (Rules Crim. Proc. 31, 32(d))

Counsel for Appellant: J. LEO MCSHANE; JOHN O. NGIRAKED

Counsel for Appellee: PHILLIP JOHNSON

Before BURNETT, Chief Justice, TURNER, Associate Justice, and HEFNER, Associate Justice

HEFNER, Associate Justice

The defendant was convicted of burglary and grand larceny on February 13, 1973. A notice of appeal was filed on February 22, 1973, which stated that the grounds of appeal were "to be filed in accordance with Rule 31 of the Rules of Criminal Procedure."

Rule 31 specifies that the notice of appeal shall set forth a concise statement of the grounds on which the appeal is taken. This requirement was not met by appellant and the record fails to indicate in any way what the grounds for appeal are.

Appellant also requested various time extensions to file his brief, and although his requests were granted extending the time to file to August 5, 1973, no brief has ever been filed.

It is abundantly clear the appellant has failed to perfect his appeal, and the same is hereby dismissed pursuant to Rule 32 (d), Rules of Criminal Procedure.