*** NOT FOR PUBLICATION ***

NO. 26480


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellee


vs.


BRIAN G. JESS, Defendant-Appellant


APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 00-1-0422)



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 March 10, 2004 order denying a motion for production of transcripts. The March 10, 2004 order is not a judgment of conviction appealable pursuant to HRS § 641-11 or a certified interlocutory order appealable pursuant to HRS § 641-17. Thus, we lack jurisdiction over this appeal. See Grattafiori v. State, 79 Hawai`i 10, 13, 897 P.2d 937, 940 (1995)("The right of appeal in a criminal case is purely statutory and exits only when given by some constitutional or statutory provision."). Therefore,

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

DATED: Honolulu, Hawai`i, July 20, 2004


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