State v. Denis-Silva (Order Dismissing Appeal for Lack of Appellate Jurisdiction)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

---

NO. 29613

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
VICTORIA LEE DENIS-SILVA, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 08-1-0133K)





ORDER DISMISSING APPEAL
FOR LACK OF APPELLATE JURISDICTION
(By: Watanabe, Acting Chief Judge, Foley and Fujise, JJ.)

Upon review of the record for this case, it appears that we lack jurisdiction over the appeal that Defendant-Appellant Victory Lee Denis-Silva (Appellant Denis-Silva) asserted from the Honorable Elizabeth A. Stance's December 31, 2008 "Order Granting State's Motion to Dismiss without Prejudice" (the December 31, 2008 dismissal order, because no statute within the Hawaii Revised Statutes (HRS) authorizes Appellant Denis-Silva to assert an appeal from the December 31, 2008 dismissal order.

"The right of appeal in a criminal case is purely statutory and exists only when given by some constitutional or statutory provision." State v. Poohina, 97 Hawai‘i 505, 509, 40 P.3d 907, 911 (2002) (citation and internal quotation marks omitted). "In a circuit court criminal case, a defendant may appeal from the judgment of the circuit court, see HRS § 641-11 (1993), from a certified interlocutory order, see HRS § 641-17 (1993), or from an interlocutory order denying a motion to dismiss based on double jeopardy." State v. Kealaiki, 95 Hawai‘i 309, 312, 22 P.3d 588, 591 (2001) (citation omitted). The December 31, 2008 dismissal order does not belong to any of these three categories of statutorily authorized appeals for a criminal defendant.

Absent a statute authorizing an appeal from the December 31, 2008 dismissal order, we lack jurisdiction over Appellant Denis-Silva's appeal. Accordingly,

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

DATED: Honolulu, Hawai‘i, May 15, 2009.