State v. Spinney, 110918 HIICA, CAAP-18-0000767

• Judge: Leonard, Presiding Judge, Reifurth and Chan, JJ.
• Docket Number: CAAP-18-0000767
• Parties: STATE OF HAWAI'I, Plaintiff-Appellee, v. ALFRED NAPAHUELUA SPINNEY, Defendant-Appellant,
• Date: 09 November 2018

STATE OF HAWAI'I, Plaintiff-Appellee,

v.

ALFRED NAPAHUELUA SPINNEY, Defendant-Appellant,

No. CAAP-18-0000767

Intermediate Court of Appeals of Hawaii

November 9, 2018

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT KONA DIVISION (CASE NO. 3DTA-17-03816)

Leonard, Presiding Judge, Reifurth and Chan, JJ.

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of the record of district court criminal case number 3DTA-17-03816 for the resulting appeal in appellate court case number CAAP-18-0000767, it appears that we lack appellate jurisdiction pursuant to Hawaii Revised Statutes (HRS) § 641-12(a) (2016). In this appeal, Defendant-Appellant Alfred Napahuelua Spinney (Spinney), pro se, appeals from the Honorable Charles Hite's September 13, 2018 order continuing trial until November 1, 2018, when the district court will adjudicate Plaintiff-Appellee State of Hawaii's (the State) December 22, 2017 complaint against Spinney for (1) operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant in violation of HRS § 291E-62 (Supp. 2017) and (2) operating a motor vehicle without proof of liability insurance in violation of HRS § 431.10C-104 (2005). Under these circumstances, the dismissal of this appeal from the September 13, 2018 interlocutory order is warranted.

"The right of appeal in a criminal case is purely statutory[.]" State v. Nicol, 140 Hawai'i 482, 485, 403 P.3d 259, 262 (2017) (citation and internal quotation marks omitted). The Hawai'i Intermediate Court of Appeals has jurisdiction "[t]o hear and determine appeals from any court or agency when appeals are allowed by law[.]" HRS § 602-57(1) (2016). HRS § 641-12 (a) provides that "[a]ppeals upon the' record shall be allowed from all final decisions and final judgments of district courts in all criminal matters." Consequently, "in 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 HRAP Rule 4(b) (3)." State v. Bohannon, 102 Hawai'i 228, 236, 74 P.3d 980, 988 (2003); see also Rule 32(c) (2) of the Hawai'i Rules of Penal Procedure.

In the instant case, the September 13, 2018 interlocutory order is not an appealable final order under HRS § 641-12, and, thus, it will be...