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State v. Nicol

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
Jan 11, 2017
NO. CAAP-16-0000681 (Haw. Ct. App. Jan. 11, 2017)

Opinion

NO. CAAP-16-0000681

01-11-2017

STATE OF HAWAI'I, Plaintiff-Appellee, v. DONALD NICOL, Defendant-Appellant


NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 14-1-1642) ORDER DISMISSING THE APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Nakamura, C.J., Fujise and Reifurth, JJ.)

Upon review of the record on appeal, it appears that this court lacks appellate jurisdiction because there is no "judgment" in the record on appeal as defined in the Hawaii Revised Statutes (HRS) § 641-11 (2010). Defendant-Appellant Donald Nicol (Appellant) appeals from an "Order Granting in Part and Denying in Part [Appellant's] Motion to Dismiss Indictment with Prejudice," filed on September 16, 2016, in the Circuit Court of the First Circuit.

Appellant purports to appeal pursuant to HRS § 641-11, which provides in pertinent part, "[a]ny party aggrieved by the judgment of a circuit court in a criminal matter may appeal to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided by the rules of court. The sentence of the court in a criminal case shall be the judgment." HRS § 641-11 (emphasis added).

This case was dismissed without prejudice for violation of Rule 48 of the Hawai'i Rules of Penal Procedure and, therefore, no sentence has been imposed.

Therefore, Appellant may not appeal pursuant to HRS § 641-11.

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

DATED: Honolulu, Hawai'i, January 11, 2017.

/s/

Chief Judge

/s/

Associate Judge

/s/

Associate Judge


Summaries of

State v. Nicol

INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I
Jan 11, 2017
NO. CAAP-16-0000681 (Haw. Ct. App. Jan. 11, 2017)
Case details for

State v. Nicol

Case Details

Full title:STATE OF HAWAI'I, Plaintiff-Appellee, v. DONALD NICOL, Defendant-Appellant

Court:INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

Date published: Jan 11, 2017

Citations

NO. CAAP-16-0000681 (Haw. Ct. App. Jan. 11, 2017)