Opinion
CAAP-24-0000211
04-18-2024
STATE OF HAWAI'I, Plaintiff-Appellee, v. WILLIAM DOUGLAS ALLEN, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-20-0000109)
Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
Upon review of the record, it appears that Defendant-Appellant William Douglas Allen filed a self-represented 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."
It appears Appellant is represented by court-appointed counsel in the underlying proceeding.
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).
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed.
IT IS FURTHER ORDERED that all pending motions are dismissed.