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NOT FOR PUBLICATION ***
NO. 26966
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF
HAWAI`I, Plaintiff-Appellee
vs.
EUGENE P.
GORDON, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO.
98-2082)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the
record, it appears that the circuit court's decision denying the March
24, 2003 motion for correction of
sentence is appealable upon entry of a written order denying the
motion. See HRAP
4(b)(1) and (3). The motion was
orally denied on September 20, 2004, but a written order denying the
motion has not been entered by the circuit court. Thus, this appeal is
premature and we lack jurisdiction. Therefore,
IT IS HEREBY
ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, March 4, 2005.