State v. Chun

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NO. 25803 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. REUBEN M.J. CHUN, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (Police Report No. G-86713) (By: ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of Defendant-Appellant Reuben M.J. Chun s withdrawal of appeal, the papers in support, and the records and files herein, it appears that: (1) Appellant is appealing from an interlocutory order entered in the District Court of the Third Circuit; (2) appeals from the district court in criminal cases are authorized by HRS § 641-12, which provides that appeals shall be allowed from all final decisions and final judgments of district courts in all criminal matters; (3) although interlocutory appeals in criminal matters may be taken to the supreme court from the circuit court pursuant to HRS § 641-17, there is no analogous provision allowing an interlocutory appeal in a district court criminal matter. State v. Corpus, 62 Haw. 297, 613 P.2d 263 (1980); State v. Valiani, 57 Haw. 133, 552 P.2d 75 (1976). Therefore, See IT IS HEREBY ORDERED that the withdrawal of appeal is approved, and this appeal is dismissed for lack of jurisdiction. DATED: Honolulu, Hawai#i, July 24, 2003. Douglas L. Halsted for defendant-appellant, on the withdrawal 2

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