Penaflor v. State

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-APR-2021
09:54 AM
Dkt. 54 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
CRANDALL PENAFLOR, Petitioner-Appellant, v.
STATE OF HAWAI#I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2PR181000006(2) (CR. NO. 2PC900000146(4))
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)
Upon review of the record, it appears we lack appellate
jurisdiction over self-represented Petitioner-Appellant Crandall
Penaflor's (Penaflor) appeal from the Circuit Court of the Second
Circuit's (circuit court) April 27, 2020 Order Denying
[Penaflor's] Motion for Reconsideration, entered in
No. 2PR181000006.
On February 22, 2021, we issued an order for temporary
remand, under Waikiki v. Hoomaka Village Ass'n of Apartment
Owners, 140 Hawai#i 197, 204, 398 P.3d 786, 793 (2017), on the
ground that the circuit court had not entered a final, appealable
order or judgment. On remand, the circuit court indicated that
it did not intend to resolve all claims in Penaflor's petition
for post-conviction relief under Hawai#i Rules of Penal Procedure
Rule 40, and the claims remain unresolved. Thus, we lack
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
appellate jurisdiction and must dismiss the appeal. See State v.
Johnston, 63 Haw. 9, 10, 619 P.2d 1076, 1077 (1980).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai#i, April 13, 2021.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Karen T. Nakasone
Associate Judge
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