Jelks v. State (Order Dismissing Appeal)

*** NOT FOR PUBLICATION ***

NO. 27387

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

---

KENNETH JELKS, petitioner-Appellant

vs.

STATE OF HAWAI`I, Respondent-Appellee

---

APPEAL FROM THE FIRST CIRCUIT COURT

(S.P.P. NO. 04-1-0003)

ORDER DISMISSING APPEAL
(By: Nakayama, J., for the court ⁽¹⁾)

Upon review of the record, it appears that the denial of appellant's motion for transcripts concerning SPP No. 04-1-0003 and for waiver of transcript costs is reviewable on appellant's appeal of SPP No. 04-1-0003; however, appellant's appeal of SPP No. 04-1-003 was dismissed for lack of jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed.

DATED: Honolulu, Hawai`i, March 17, 2006.

1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.