State v. Spies

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 24, 2023
• Docket: CAAP-23-0000224
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-NOV-2023 08:04 AM Dkt. 26 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. JONATHAN P. SPIES, Defendant-Appellant

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

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Upon review of the record, it appears that self-

represented Defendant-Appellant Jonathan P. Spies (Spies) appeals

from the March 28, 2023 "Order Denying (1) Defendant's Notice of

Protest, Opposition of the Taking of Personal and Subject Matter

Jurisdiction; (2) Defense Counsel Motion to Withdraw for Limited

Purposes of Motion Filed March 6, 2023 [Dkt. 186]" (March 28,

2023 Order). We conclude that the court lacks jurisdiction over

the appeal because the March 28, 2023 Order is not an order or

judgment that finally determines, and thus ends, all proceedings

leaving nothing further to be accomplished, Hawaii Revised

Statutes (HRS) § 641-11 (2016), State v. Nicol, 140 Hawai i 482,

492, 403 P.3d 259, 269 (2017), it has not been certified for

interlocutory appeal, see HRS § 641–17 (2016), and it is not an NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

appealable collateral order. State v. Baranco, 77 Hawai i 351,

355, 884 P.2d 729, 7331–32 (1994) (citation omitted).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.1

IT IS FURTHER ORDERED that all pending motions are

dismissed as moot.

DATED: Honolulu, Hawai i, November 24, 2023.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Kimberly T. Guidry Associate Judge

1 This order does not affect Spies's separate appeal in CAAP-XX-XXXXXXX from the June 9, 2023 Judgment of Conviction and Sentence entered in the underlying case.