State v. Raquinio

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-FEB-2022
08:45 AM
Dkt. 51 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Plaintiff-Appellee, v.
NOE RAQUINIO, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DCW-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)
Upon review of the record, it appears that we lack
appellate jurisdiction over self-represented Defendant-Appellant
Noe Raquinio's (Raquinio) appeal from the District Court of the
Third Circuit's (district court) September 2, 2021 oral denial of
Raquinio's August 4, 2021 amended motion to suppress evidence
because the district court has not entered a final, appealable
judgment, and the oral order is not appealable. See State v.
Ontiveros, 82 Hawai#i 446, 449, 923 P.2d 388, 391 (1996)
("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.") (cleaned up); State v. Bohannon, 102 Hawai#i 228, 236,
74 P.3d 980, 988 (2003) ("[T]o appeal a criminal matter in the
district court, the appealing party must appeal from a written
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
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).") (emphasis in original).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai#i, February 4, 2022.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
2