State v. Gomes ( 2020 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-AUG-2020
09:00 AM
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
LANCE KAMUELA GOMES, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
LIHU#E DIVISION
(5DCC-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Leonard, Presiding Judge, Chan and Hiraoka, JJ.)
Upon review of the record in CAAP-XX-XXXXXXX, it
appears this court lacks appellate jurisdiction. Defendant-
Appellant Lance Kamuela Gomes filed a Notice of Appeal on
July 13, 2018, from 5DCC-XX-XXXXXXX. "[I]n order to appeal a
criminal matter in the district court, the appealing party must
appeal from a written judgment or order that has been filed with
the clerk of the court pursuant to [Hawai#i Rules of Appellate
Procedure] Rule 4(b)(3)." State v. Bohannon, 102 Hawai#i 228,
236, 74 P.3d 980, 988 (2003) (emphasis omitted). The amended
record on appeal does not contain a written appealable final
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
judgment or order. Therefore, the appeal is premature and this
court lacks appellate jurisdiction over the appeal.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai#i, August 7, 2020.
/s/ Katherine G. Leonard
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
/s/ Keith K. Hiraoka
Associate Judge
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