State v. Wong
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NO. 24111 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellant vs. RICHARD SUNG HONG WONG, and JEFFREY R. STONE, Defendants-Appellees APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 99-2417) ORDER DISMISSING APPEAL (By: Masuoka, Acting C.J., Ibarra, Kochi, Raffetto and Chang, Acting JJ.) Defendant-Appellant Richard Wong appeals from orders entered on December 7, 2000, and December 29, 2000, that granted and denied motions to dismiss the indictment in Cr. No. 99-2417. This appeal is not authorized by HRS § 641-11 as an appeal from the judgment and sentence of the circuit court. The December 7, 2000 and December 29, 2000 orders were purportedly certified for interlocutory appeal under HRS § 641-17, but the purported certification was erroneous inasmuch as Cr. No. 99-2417 has been dismissed, the circuit court case has been terminated, and appeal from the December 7, 2000 and December 29, 2000 orders cannot more speedily terminate a case that has been terminated. There being no statutory basis for this appeal, we lack jurisdiction. Grattafiori v. State, 79 Hawai#i 10, 13, 897 P.2d 937, 940 (1995) ( The right of appeal in a criminal case is -1- purely statutory and exists only when given by some constitutional or statutory provision. ). Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, June 27, 2001. Acting Chief Justice Acting Associate Justice Acting Associate Justice Acting Associate Justice Acting Associate Justice -2-
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