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State v. Allen

Intermediate Court of Appeals of Hawaii
Apr 18, 2024
No. CAAP-24-0000211 (Haw. Ct. App. Apr. 18, 2024)

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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER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


Summaries of

State v. Allen

Intermediate Court of Appeals of Hawaii
Apr 18, 2024
No. CAAP-24-0000211 (Haw. Ct. App. Apr. 18, 2024)
Case details for

State v. Allen

Case Details

Full title:STATE OF HAWAI'I, Plaintiff-Appellee, v. WILLIAM DOUGLAS ALLEN…

Court:Intermediate Court of Appeals of Hawaii

Date published: Apr 18, 2024

Citations

No. CAAP-24-0000211 (Haw. Ct. App. Apr. 18, 2024)