NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29258
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
STATE
OF HAWAI‘I, Plaintiff-Appellee,
v.
DENNIS BROOKS, Defendant-Appellant.
Upon review of the record, it appears that, we lack jurisdiction over Defendant-Appellant Dennis Brooks's (Appellant Brooks) appeal from a jury's June 3, 2008 guilty verdict against Appellant Brooks for robbery in the first degree in violation of HRS § 708-840 (Supp. 2005), kidnapping in violation of HRS § 707-720 (1993) and unauthorized control of a propelled vehicle in violation of HRS § 708-836 (Supp. 2005), because the circuit court, the Honorable Steven S. Alm presiding, has not yet entered a judgment of conviction against Appellant Brooks that includes a sentence.
Under Hawaii Revised Statutes (HRS) § 641-11 (Supp. 2007), "[a]ny party deeming oneself aggrieved by the judgment of a circuit court in a criminal matter, may appeal to the intermediate appellate court, subject to chapter 602 in the manner and within the time provided by the rules of the court." However, "[t]he sentence of the court in a criminal case shall be the judgment." HRS § 641-11 (Supp. 2006). Under similar circumstances, where a circuit court's "judgment of conviction does not include any sentence[,]" the supreme court has held that "the judgment entered in this case is not a final judgment conferring appellate jurisdiction on this court[,]" State v. Ferreira, 54 Haw. 485, 487, 510 P.2d 88, 89 (1973), and the supreme court ruled that the "[a]ppeal is dismissed." Id. at 488, 510 P.2d at 89.
Similarly in the instant case, although the jury found Appellant Brooks guilty of several crimes, the circuit court has not yet sentenced Appellant Brooks. Absent a judgment of conviction with a sentence, we lack jurisdiction over this appeal. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai‘i, October 29, 2008.