NO. 23400



IN THE SUPREME COURT OF THE STATE OF HAWAII



STATE OF HAWAII, Plaintiff-Appellee


vs.



TONY JOHNSON, also known as Samuel A. Carter,

Defendant-Appellant



APPEAL FROM THE FIRST CIRCUIT COURT

(CR. NO. 99-2002)





ORDER DISMISSING APPEAL

(By: Moon, C.J., Levinson,

Nakayama, Ramil, and Acoba, JJ.)



Upon review of the record, it appears that Appellant's April 16, 2000 letter to the clerk of the supreme court was treated and filed as a notice of appeal. However, sentence has not been imposed and judgment has not been entered in Cr. No. 99-2002. Thus, this appeal is premature and we lack jurisdiction. HRS § 641-11. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawaii, August 28, 2000.