State v. Gomes

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 7, 2020
• Docket: CAAP-18-0000554
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-AUG-2020 09:00 AM

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v. LANCE KAMUELA GOMES, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT LIHU#E DIVISION (5DCC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Leonard, Presiding Judge, Chan and Hiraoka, JJ.)

Upon review of the record in CAAP-XX-XXXXXXX, it appears this court lacks appellate jurisdiction. Defendant- Appellant Lance Kamuela Gomes filed a Notice of Appeal on July 13, 2018, from 5DCC-XX-XXXXXXX. "[I]n order to appeal a criminal matter in the district court, the appealing party must appeal from a written judgment or order that has been filed with the clerk of the court pursuant to [Hawai#i Rules of Appellate Procedure] Rule 4(b)(3)." State v. Bohannon, 102 Hawai#i 228, 236, 74 P.3d 980, 988 (2003) (emphasis omitted). The amended record on appeal does not contain a written appealable final NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

judgment or order. Therefore, the appeal is premature and this court lacks appellate jurisdiction over the appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 7, 2020.

/s/ Katherine G. Leonard Associate Judge

/s/ Derrick H.M. Chan Associate Judge

/s/ Keith K. Hiraoka Associate Judge