State v. Hutch
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NO. 25381 IN THE SUPREME COURT OF THE STATE OF HAWAI#I EUGENE JAMES HUTCH, Petitioner-Appellant vs. STATE OF HAWAI#I, Respondent-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (S.P.P. NO. 02-1-0052) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ. and Circuit Judge Nakamura, assigned by reason of vacancy) Upon review of the record, it appears we lack appellate jurisdiction over Petitioner-Appellant Eugene James Hutch s (Appellant Hutch) appeal. The circuit court, the Honorable Wilfred K. Watanabe presiding, has not entered a written order or judgment denying Appellant Hutch s HRPP Rule 40 petition for post-conviction relief. [A] minute order is not an appealable order. Abrams v. Cades, Schutte, Fleming & Wright, 88 Hawai#i 319, 321 n.3, 966 P.2d 631, 633 n.3 (1998). Therefore, Appellant Hutch s appeal is premature, and we lack appellate jurisdiction. Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, January 29, 2003.
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