NO. 27156
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
STEVEN LAGAFAATASI, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(FC-CR. NO. 04-1-1592)
ORDER
(By: Moon, C.J., Levinson, Nakayama, and
Duffy, JJ.; With Acoba, J., Concurring Separately)
Upon review of the counterstatement of jurisdiction filed by Plaintiff-Appellee State of Hawai`i and the records and files
herein, it appears that: (1) Defendant-Appellant is appealing from the January 31, 2005 order setting aside the oral order of
November 3, 2004 dismissing the case, judicial determination of unfitness to proceed, suspension of proceedings, and order
of commitment to the custody of the director of the Department of Health; (2) the right to appeal in a criminal case is
purely statutory and exists only when given by some constitutional or statutory provision, State v. Oshiro,
69 Haw. 438,
746 P.2d 568 (1987); (3) Appellant cites HRS § 641-11 and HRS
§ 571-54 as the statutory grounds for appeal; (4) HRS §
641-11 allows an appeal from a judgment of a circuit court, but the
order being appealed in the instant case is not a circuit
court judgment, see State v. Johnson,
63 Haw. 9, 619 P.2d 1076 (1980) (unless an appeal taken pursuant to HRS
§ 641-11
is from a final judgment or sentence, an appeal must be dismissed by
the appellate court for lack of jurisdiction); (5) the
order being appealed is not appealable pursuant to HRS § 571-54,
which governs appeals in family court cases; and (6)
inasmuch as the order being appealed is not an appealable order
pursuant to HRS § 641-11 or HRS § 571-54, this court
lacks jurisdiction. Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu,
Hawai`i, May 31, 2005.
I concur in the result. (J. Acoba)