State v. Stanley (Order Dismissing Appeal)

NO. 24151

IN THE SUPREME COURT OF THE STATE OF HAWAII

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STATE OF HAWAII, Plaintiff-Appellee

vs.

DIANE LISA STANLEY, Defendant-Appellant

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APPEAL FROM THE DISTRICT COURT
OF THE THIRD CIRCUIT, HILO DIVISION
(REPORT NOS. G-38249 through G-38255, G-38258)

ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson,
Nakayama, Ramil, and Acoba, JJ.)

Upon review of the record, it appears that the district court's order denying the motion to suppress evidence is an interlocutory order that is appealable by appellant only upon entry of final judgment. See HRS § 641-12; State v. Valiani, 57 Haw. 133, 552 P.2d 75 (1976). A judgment of conviction has not been entered against appellant. Thus, the appeal of the interlocutory order is premature and we lack jurisdiction. Therefore,

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

DATED: Honolulu, Hawaii,  May 25, 2001.