FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH AND SOUTH
KONA DIVISION (CASE NO. 3DTA-17-01026)
Ginoza, Chief Judge, Fujise and Reifurth, JJ.
ORDER AND DISMISSING CONSOLIDATED APPEAL FOR LACK OF
review of the record of district court criminal case number
3DTA-17-01026 for resulting appeals in appellate court case
numbers CAAP-17-0000862 and CAAP-17-0000890, it appears that
we lack appellate jurisdiction pursuant to Hawaii Revised
Statutes (HRS) § 641-12(a) (2016).
CAAP-17-0000862, Defendant-Appellant Alfred Napahueluna
Spinney (Spinney), pro se, appeals from (1) the May
22, 2017 Bench Warrant issued in 3DTA-17-01026 by the
Honorable Margaret K. Masunaga, (2) the December 4, 2017
Order and Notice of Entry of Order entered in 3DTA-17-01026
by the Honorable Peter Bresciani ordering Spinney to return
to court for a further hearing, and (3) December 4, 2017
Order and Notice of Entry of Order entered in 3DTA-17-03584
the Honorable Peter Bresciani ordering Spinney to return to
court on December 5, 2017 for further arraignment and plea,
all after Spinney's April 27, 2017 Notice of Appeal filed
CAAP-17-0000890, Spinney appeals from the Honorable Margaret
K. Masunaga's December 5, 2017 Order and Notice of Entry
of Order in 3DTA-17-01026, noting that Spinney asserted the
matter was on appeal and directing Spinney to return to
district court on May 14, 2018, regarding the status of
appeals arise out of the same underlying proceedings in
district court criminal case number 3DTA-17-01026 involving
five traffic offenses of which Spinney was convicted, a
judgment and sentence was entered and from which conviction,
judgment and sentence he previously appealed. Under these
circumstances, consolidation and dismissal of these two
appeals is warranted.
post-judgment order is appealable in its own right . . . if
it meets the test of finality applicable to all judicial
decisions." State v. Johnson, 96 Hawai'i
462, 469, 32 P.3d 106, 113 (App. 2001) (citation and internal
quotation marks omitted). "A final order has been
defined, albeit in the context of a civil case, as an order
ending the proceedings, leaving nothing further to be
accomplished." Id. (citation and internal
quotation marks omitted). Thus, the Hawai'i Intermediate
Court of Appeals has noted that a criminal "[defendant
may . . . appeal from [an] order that disposes of [a] . . .
motion for revocation of probation." Id. at
471, 32 P.3d at 115; see also, e.g., State v.
Yamamoto, 79 Hawai'i 511, 514, 904 P.2d 525, 528
(1995) (addressing an appeal from (1) a post-judgment order
revoking probation and re-sentencing a defendant and (2) an
order denying the defendant's subsequent motion to
correct the new sentence). However, the bench warrant and
orders Spinney designates in his notices of appeal, have not
"end[ed] the proceedings, leaving nothing further to be
accomplished." Absent such a final order, that disposes
of pending proceedings in district court criminal case number
3DTA-17-01026, Spinney's appeal is premature and we lack
appellate jurisdiction to review the May 22, 2017, December
4, 2017, and December 5, 2017 orders entered in that criminal
3DTA-17-03584, no final judgment or order has been entered.
The December 4, 2017 Order and Notice of Entry of Order
ordering Spinney to return to court on December 5, 2017 for
further arraignment and plea designated in CAAP-17-0000862 is
an interlocutory order filed before a final judgment has been
entered. HRS § 641-12(a) provides that "[a]ppeals
upon the record shall be allowed from all final decisions and
final judgments of district courts in all criminal
matters." Consequently, "in order to appeal a
criminal matter in the district court, the appealing party
must appeal from a written judgment or order that has been
filed with the clerk of the court pursuant to HRAP Rule
4(b)(3)." State v. Bohannon, 102 Hawai'i
228, 236, 74 P.3d 980, 988 (2003); see also Rule
32(c)(2) of the Hawai'i Rules of Penal Procedure;
State v. Kilborn, 109 Hawai'i 435, 442, 127 P.3d
95, 102 (App. 2005). Therefore we lack appellate jurisdiction
to review this order as well.
light of our lack of appellate jurisdiction over both
appeals, IT IS HEREBY ORDERED that appellate court case
numbers CAAP-17-0000862 and CAAP-17-0000890 are consolidated
under appellate court case number CAAP-17-0000862. The
appellate court clerk shall file a copy of this order in
appellate court case numbers CAAP-17-0000862 and
FURTHER HEREBY ORDERED that the consolidated appeals in
appellate court case number CAAP-17-0000862 are dismissed for
lack of appellate jurisdiction.
 District Court Criminal Case number
3DTA-17-03584 pertains to a prosecution for Contempt of Court
for failure to appear in court on May 22, 2017 in Criminal
Case number 3DTA-17-01026.
"Generally, the filing of a
notice of appeal divests the trial court of jurisdiction over
the appealed case." TSA International Ltd. v.
Shimizu Corp., 92 Hawai'i 243, 265, 990 P.2d 713,
735 (1999) (citations omitted). "The general rule,
however, assumes that the notice of appeal is valid under the
applicable statutory provisions and procedural rules.
Where the notice of appeal is jurisdictionally defective,
filing the notice does not transfer jurisdiction from the
trial court to the appellate court." State ...