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Lanzanas v Trust Territory [1974] TTLawRp 63; 7 TTR 221 (31 October 1974)

7 TTR 221

HILARIO LANZANAS, Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee

Criminal Appeal No. 45

Appellate Division of the High Court

Mariana Islands District

October 31, 1974

Abandoned appeal. The Appellate Division of the High Court, Brown, Associate Justice, dismissed the appeal.

Appeal and Error—Notice and Filing of Appeal

Where appellant failed to pay balance due on transcript and did not ask the court to waive the amount due, appeal would be taken as abandoned and dismissed.
Counsel for Appellant: Benjamin. M. Abrams
Counsel for Appellee: William S. Amsbary
Before HEFNER, Associate Justice, and BROWN, Associate Justice
HEFNER, Associate Justice

The notice of appeal was filed in this matter on April 27, 1973. The estimated cost of the transcript was conveyed to appellant and he paid $45.00. The transcript was completed on or about August 7, 1973, and an additional $18.75 was due from appellant. Counsel for appellant was notified of this on August 8, 1973, by the Clerk of Courts, Marianas District.

For over one year the appellant has failed to pay the balance due or proceed with his appeal.

Of great concern to this Court is the right of the defendant to appeal his conviction. The sum of $18.75 stands between him and the transmittal of the transcript. However, the burden is upon the appellant to diligently prose-cute his appeal. Aquon v. Rogoman, 2 T.T.R. 258; Rules of Criminal Procedure, Rule 32d. Although the sum involved is small, the appellant has failed to pay or to ask this Court to waive the balance due. The failure to even take the latter step leads the court to the conclusion that appellant has completely ignored his rights of appeal and has abandoned the appeal.

This appeal is, therefore, dismissed.