State v. Kim
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*** NO T FO R PUBLICATION *** NO. 25800 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. JASON KIM, Defendant-Appellant APPEAL FROM THE THIRD CIRCUIT COURT (CR. NO. 02-1-0149) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ. and Acoba, J., concurring separately) Upon review of the record, it appears that the defendant-appellant s appeal of the March 31, 2003 order dismissing the indictment without prejudice is not authorized by HRS ยงยง 641-11 or 641-17, which authorize a defendant in a circuit court criminal case to appeal only from a judgment of conviction or a certified interlocutory order. over this appeal. Thus, we lack jurisdiction See Grattafiori v. State, 79 Hawai#i 10, 13, 897 P.2d 937, 940 (1995)("The right of appeal in a criminal case is purely statutory and exists only when given by some constitutional or statutory provision."). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 12, 2003. I concur in the result.
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