Opinion
24684
March 15, 2002.
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (TR 9-18 of 10/26/01)
ORDER DISMISSING APPEALMOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ.
Upon review of the record, it appears that we do not have appellate jurisdiction over Defendant-Appellant Dwayne Keoki Elaban's (Appellant Elaban) appeal because the district court has not entered a final judgment in any of the cases from which he attempts to appeal. "Appeals from the district court, in criminal cases, are authorized by HRS § 641-12, which . . . provides in pertinent part that appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters." State v. Ontiveros, 82 Haw. 446, 449, 923 P.2d 388, 391 (1996) (internal quotation marks and brackets omitted). Appellant Elaban's appeal is interlocutory, and, "[a]lthough interlocutory appeals in criminal matters may be taken to the supreme court from the circuit courts, there is no analogous statute authorizing interlocutory appeals from the district courts in criminal matters." Id. (citations and footnote omitted). Therefore, HRS § 641-12 does not authorize Appellant Elaban's premature appeal. Accordingly,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.