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Kenneth Jelks v. State of Hawaii

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


June 14, 2012

KENNETH JELKS,
PETITIONER-APPELLANT,
v.
STATE OF HAWAII, RESPONDENT-APPELLEE

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 06-1-0805)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

AMENDED

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Nakamura, C.J., Foley and Leonard, JJ.)

Upon review of the record, it appears that we lack appellate jurisdiction over Petitioner-Appellant Kenneth Jelks's appeal from the October 12, 2009 "Order Dismissing Defendant's Motion to Reduce Petitioner Kenneth Jelks' May 10, 2006 Order to a Separate Judgment" (Order), which was erroneously filed in Cr. No. 94-0257. The Notice of Appeal in the instant appeal purports to be an appeal from Civil No. 06-1-0805, in which the Order was not entered as part of the record. There is no final appealable order or judgment from which to appeal in Civil No. 06-1-0805.

Therefore,

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

Chief Judge Associate Judge Associate Judge

20120614

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