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NOT FOR PUBLICATION ***
NO. 26768
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
WILLARD
IMAMOTO, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO.
95-0990)
ORDER DISMISSING APPEAL
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the record, it appears that appellant's notice of appeal
filed on August 23, 2004 purports to be an appeal
from the August 18, 1998 judgment of acquittal. The judgment of
acquittal was appealable by notice of appeal filed within
thirty days after the judgment was entered. See HRS § 641-11; HRAP
4(b)(1). The August 23, 2004 notice of appeal is an
untimely appeal of the August 18, 1998 judgment of acquittal and we
lack jurisdiction. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, December 9, 2004.