NO. 24178

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

STATE OF HAWAII, Plaintiff-Appellee

vs.

JEWEL MCDONALD, Defendant-Appellant

and


BARBARA SCOTT, aka Kenya Scott, Barbara Kenya Scott, and Kenya
Parker, Defendant

APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 96-2091)


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

Upon review of the record, it appears that Appellant seeks review of pretrial rulings denying dismissal of the indictment by appealing from a March 2, 2001 order granting Appellant a deferred acceptance of a no contest plea and deferring plea acceptance until 2006. The March 2, 2001 order is not final for the purpose of taking an appeal and it does not provide a jurisdictional basis for reviewing the pretrial rulings purportedly preserved by conditional plea under HRPP Rule 11(a)(2). See State v. Kealaiki, 95 Hawai`i 309, 22 P.3d 588 (2001). Accordingly,

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

DATED: Honolulu, Hawai`i, October 8, 2001.