Opinion
CAAP-23-0000059
02-24-2023
STATE OF HAWAI'I, Plaintiff-Appellee, v. NOE RAQUINIO, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPC-22-0000941)
Wadsworth, Presiding Judge, Nakasone and Chan, JJ.
ORDER GRANTING MOTION TO DISMISS APPEAL
Upon consideration of Plaintiff-Appellee State of Hawai'i's (State) February 8, 2023 Opposition to Notice of Appeal, which the court construes as a motion to dismiss the appeal (Motion), the papers in support, the record, and self-represented Defendant-Appellant Noe Raquinio's (Raquinio) February 10, 2023 Jurisdictional Statement, which the court construes as both a Statement of Jurisdiction and as a memorandum in opposition to the Motion, it appears that the State seeks dismissal of Raquinio's appeal from the Circuit Court of the Third Circuit's January 31, 2023 minute order (Minute Order) denying Raquinio's December 12, 2022 motion to suppress evidence and statements, as Raquinio does not appeal from a final, appealable order or judgment.
We conclude that the court lacks appellate jurisdiction, as "a minute order is not an appealable order," Abrams v. Cades, Schutte, Fleming & Wright, 88 Hawai'i 319, 321 n.3, 966 P.2d 631, 633 n.3 (1998), and even if the Minute Order were reduced to a written order, it would not qualify as a final, appealable order. Hawaii Revised Statutes § 641-11 (2016); State v. Nicol, 140 Hawai'i 482, 492, 403 P.3d 259, 269 (2017); e.g., State v. Barton, No. CAAP-14-0000553, 2014 WL 2495422, at *1 (App. June 3, 2014) (Order Dismissing the Cross-Appeal for Lack of Appellate Jurisdiction).
Therefore, IT IS HEREBY ORDERED that the Motion is granted, and the appeal is dismissed for lack of appellate jurisdiction.