Hircajo III v. State

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-MAR-2026 08:01 AM Dkt. 26 ODSMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI

ERNEST HORCAJO III, Petitioner-Appellant, v. STATE OF HAWAIʻI, Respondent-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPN-XX-XXXXXXX)

ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of self-represented Petitioner- Appellant Ernest Horcajo III's (Horcajo) letter, electronically filed March 3, 2026, 1 the papers in support, and the record, it appears that Horcajo seeks reconsideration of the December 22, 2025 Order Dismissing Appeal; however, a motion for reconsideration of the December 22, 2025 order was due on or

1 The letter is deemed filed when Horcajo delivered it to prison officials on February 23, 2026. See Setala v. J.C. Penney Co., 97 Hawaiʻi 484, 485, 40 P.3d 886, 887 (2002).

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER before January 2, 2026. See Hawaiʻi Rules of Appellate Procedure Rules 26(a), 40(a).

Therefore, IT IS HEREBY ORDERED that the letter, construed as a motion for reconsideration, is dismissed as untimely.

DATED: Honolulu, Hawaiʻi, March 6, 2026. /s/ Keith K. Hiraoka Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge