Kaneshima v Trust Territory [1970] TTLawRp 18; 5 TTR 99 (4 May 1970)

5 TTR 99

YUSHIN KANESHIMA,
Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
Appellee

Criminal Appeal No. 31

Appellate Division of the High Court

May 4, 1970

Trial Court Opinion - 4 TTR 340

Appeal from conviction of unlawful entry into Trust Territory waters and unlawful removal of marine resources. The Appellate Division of the High Court, Robert K. Shoecraft, Chief Justice, H. W. Burnett, Associate Justice, held that appellant's absence from the jurisdiction precluded court's consideration of his appeal.

Appeal dismissed.

1. Courts - Jurisdiction

Once an appeal is taken, jurisdiction is transferred to the appellate court where it remains until the appellate proceeding terminates.

2. Courts -- Jurisdiction

A simple return of the file of a case by the clerk of the Appellate Division to the Trial Division is not sufficient to re-invest the trial court with jurisdiction.

3. Criminal Law – Sentence - Motion for Reduction

A motion for reduction of sentence is essentially a plea for leniency, and presupposes a valid conviction.

4. Appeal and Error - Abandoning Appeal - Generally

An appeal will be considered as, or presumed to be, abandoned where appellant does an act inconsistent with its prosecution, such as making application to the trial court for relief.

5. Appeal and Error - Abandoning Appeal - Absence From Jurisdiction

Absence of appellant from court's jurisdiction is a compelling reason for holding his appeal abandoned.

6. Courts - Jurisdiction

Party's departure from the jurisdiction effectively removed him from the reach of any order the court might make.

Counsel for Appellant:	WILLIAM E. NORRIS, ESQ., Assistant Public Defender
Counsel for Appellee:	DOUGLAS F. CUSHNIE, ESQ., District Attorney

Before SHOECRAFT, Chief Justice and BURNETT, Associate Justice

BURNETT, Associate Justice

OPINION OF THE COURT

Appellant, Yushin Kaneshima, an Okinawan national, was convicted on two counts of unlawful entry into Trust Territory waters, and one count of unlawful removal of marine resources. On April 17, 1969, he was sentenced to two years imprisonment, 4 TTR 340, suspended upon the condition that he not illegally enter Trust Territory waters during such period, and to pay a fine of $6,000.00 on each of the three counts. Immediately upon imposition of sentence, counsel moved for reconsideration; this motion was taken under advisement, and had not been disposed of at the time this appeal was taken.