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State v. Araujo
State: Hawaii
Court: Court of Appeals
Docket No: 25264
Case Date: 01/14/2004
Preview:NOT FOR PUBLICATION ______________________________________________________________________________ NO. 25264 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. KEOKI J. K. ARAUJO, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (FC-CR No. 98-403) MEMORANDUM OPINION Watanabe, Acting C.J., Lim and Foley, JJ.)

(By:

Keoki J. K. Araujo (Araujo) appeals the July 24, 2002 order of the family court of the third circuit1 that re-sentenced him to a five-year indeterminate term of imprisonment for terroristic threatening in the first degree,2 upon the State's third successful motion for revocation of his probation. For his sole point of error on appeal, Araujo challenges the jurisdiction of the court, based upon his assertion that he is a Native Hawaiian and a citizen of the Kingdom of Hawai#i (the Kingdom), and is therefore not subject to the criminal laws, indeed, any laws, of the State of Hawai#i. The question of jurisdiction is a matter of law, reviewable de novo for right or wrong. State v. Lorenzo, 77 Hawai#i 219, 220,

1 2

The Honorable Riki May Amano, judge presiding.

The original March 5, 1999 judgment of conviction of terroristic threatening in the first degree arose out of Keoki J.K. Araujo's January 21, 1999 no contest plea.

-1-

NOT FOR PUBLICATION ______________________________________________________________________________ 883 P.2d 641, 642 (App. 1994). against Araujo:
We reject the first concept -
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