State v. Davidson

── State v. Davidson ── Court: Hawaii Intermediate Court of Appeals Date: April 15, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 15-APR-2026 08:05 AM Dkt. 84 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. MATTHEW CARTER DAVIDSON, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.) Matthew Carter Davidson appeals from the April 10, 2024 order denying his motion for an extension of time to appeal from the January 29, 2024 Amended Judgment of Conviction and Probation Sentence entered by the Circuit Court of the Fifth Circuit.1 We affirm. Davidson was charged by felony information with Unauthorized Control of Propelled Vehicle (UCPV), Theft in the First Degree, and Criminal Property Damage in the First Degree. On October 13, 2021, he pleaded no contest to UCPV under a plea agreement in which the State agreed to dismiss the other counts with prejudice after sentencing. Davidson moved to withdraw his plea on March 28, 2022. An order denying the motion was entered on April 20, 2022. 1 The Honorable Kathleen N.A. Watanabe presided.  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER A Judgment of Conviction and Probation Sentence was entered on August 9, 2022. The additional terms and conditions of probation stated: "The issue on Restitution shall be reserved." Davidson filed a notice of appeal on September 8, 2022. The appeal was dismissed for lack of jurisdiction. Davidson again moved to withdraw his plea on November 21, 2022. According to Davidson, the Circuit Court never ruled on the motion because he reached an agreement with the State on the amount of restitution. The Amended Judgment was entered on January 29, 2024. An Order Granting Restitution and a Free Standing Order of Restitution were entered on February 15, 2024. A Stipulation to Allow Defendant to Leave the Jurisdiction was filed on February 20, 2024. It was signed by Davidson and recited that Davidson's father was "in ill-health and declining rapidly." Attached was an email from Davidson's mother dated February 9, 2024, that stated: I hope you can come out for a weekend soon to see your Dad. He's really going downhill quickly from the Alzheimer's and I'd like again while he can still recognize you. I'm so very worried about him. You two are so close. I'll be happy to pay for your round tri[p.] Please let me know at your earliest convenience. Also attached were copies of an itinerary for round-trip travel between Lîhu#e and San Francisco from February 22 to 26, 2024. The Circuit Court approved the stipulation by order entered on February 21, 2024. Davidson signed a Waiver of Extradition filed on February 22, 2024. The deadline for Davidson to file a notice of appeal from the Amended Judgment was February 28, 2024. See Hawai#i Rules of Appellate Procedure (HRAP) Rule 4(b)(1). He did not file one. On March 14, 2024, Davidson filed the Motion for Extension of Time to File a Notice of Appeal. It was supported 2  NOT FOR PUBLICATION IN WEST'S