State v. Terry

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*** NOT FOR PUBLICATION *** NO. 26319 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. JEFFREY O. TERRY, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 88-0951) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that appellant appeals the circuit court s December 9, 2003 order transferring the motion to correct illegal sentence from Cr. No. 88-0951 to SPP 03-1-0055 and treating the motion as a nonconforming petition for post-conviction relief. As to Cr. No. 88-0951, the appeal of the December 9, 2003 order is an appeal of a post-judgment order that is not authorized by HRS § 641-11. As to SPP 03-1-0055, the appeal of the December 9, 2003 order is a premature appeal of an interlocutory decision that is not authorized by HRS § 641-11. Thus, we lack jurisdiction over this appeal. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, April 13, 2004.

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