State v. Raquinio

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-JAN-2023 08:06 AM Dkt. 10 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.

NOE RAQUINIO, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPC-XX-XXXXXXX)

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

Upon review of the record, it appears that selfrepresented Defendant-Appellant Noe Raquinio appeals from the Circuit Court of the Third Circuit's "decision and order" purportedly entered on December 19, 2022. We conclude that the court lacks jurisdiction over the appeal because no order was entered on December 19, 2022, and the circuit court has not entered a judgment in the underlying proceeding. Hawaii Revised Statutes § 641-11 (2016); see State v. Nicol, 140 Hawai i 482, 486, 403 P.3d 259, 263 (2017).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai i, January 4, 2023.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Derrick H.M. Chan Associate Judge