State v. Allen

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-APR-2024 08:29 AM Dkt. 6 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. WILLIAM DOUGLAS ALLEN, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the record, it appears that Defendant-

Appellant William Douglas Allen filed a self-represented 1 appeal from the Circuit Court of the Second Circuit's March 11, 2024 oral denial of his January 12, 2024 Motion to Dismiss, and from a June 18, 2021 "Order Denying Defendant's Motion to Strike Count Three with Reference to Hawaii Revised Statute [sic] § 706-657."

The court lacks appellate jurisdiction because the Circuit Court has not yet entered a final judgment and sentence in the underlying case, see Hawaii Revised Statutes (HRS) § 641-11 (2016); State v. Nicol, 140 Hawai i 482, 492, 403 P.3d 259, 269 (2017), the Circuit Court has not directed that either order appealed from be certified for interlocutory appeal under HRS § 641-17 (2016), and neither order is immediately appealable under the collateral order exception. State v. Johnson, 96 Hawai i 462, 470 n.12, 32 P.3d 106, 114 n.12 (App. 2001).

1 It appears Appellant is represented by court-appointed counsel in the underlying proceeding.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, April 18, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge