NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28002
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
ANTHONY
LIMAS, Petitioner-Appellant,
v.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(SPP NO. 05-1-0035(2))
ORDER DISMISSING APPEAL
(By: Burns, C.J., Watanabe and Lim, JJ.)
Upon review of the record, it appears that we do not have jurisdiction
over
Petitioner-Appellant Anthony M. Limas's (Appellant Limas) appeal from
the
Honorable Shackley F. Rafetto's June 1, 2006 "Order Denying
Petitioner's Motion
for the Court to Issue an Order of Final Separate Judgment." Rule 40(h)
of the
Hawai`i Rules of Penal Procedure (HRPP) authorizes a timely appeal from
an order
that disposes of a petition for post-conviction relief pursuant to HRPP
Rule 40,
such as the January 4, 2006 "Findings of Fact, Conclusions of Law,
and Judgment
Denying Petitioner's Petition to Vacate, Set Aside, or Correct Judgment
or to
Release Petitioner from Custody" pursuant to HRPP Rule 40. However,
Appellant
Limas's prior appeal, in case number 27828, from the January 4, 2006
order was not
timely. HRPP Rule 40(h) does not authorize an appeal from an order that
is not
case-dispositive, such as the June 1, 2006 "Order Denying Petitioner's
Motion for
the Court to Issue an Order of Final Separate Judgment." Therefore, we
do not
have jurisdiction over Appellant Limas's instant appeal from the June
1, 2006
"Order Denying Petitioner's Motion for the Court to Issue an Order of
Final
Separate Judgment." Accordingly,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, September 21, 2006.