*** NOT FOR PUBLICATION ***
NO. 27736
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE OF HAWAI`I, Plaintiff-Appellee
vs.
HERBERT
BROWN, Defendant-Appellant
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO.
03-1-0926)
ORDER DISMISSING APPEAL
(By: Nakayama,
J. for the court
(1))
Upon review of the statements
supporting and contesting jurisdiction and the record, it appears that
the circuit court's December 30, 2005 order is not appealable pursuant
to HRS § 641-11 or HRS § 614-17, which authorize appeals only
from
the judgment and sentence or from a certified interlocutory order.
Thus, we lack jurisdiction over this appeal. See
Grattafiori v. State,
79 Hawai`i 10, 13, 897 P.2d 937, 940 (1995)("The right of appeal
in a criminal case is purely statutory
and exits only when given by some constitutional or statutory
provision."). Therefore,
IT IS HEREBY ORDERED that this appeal is
dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i,
May 9, 2006.
1. Considered by: Moon, C.J., Levinson,
Nakayama, Acoba and Duffy, JJ.