State v. Jones

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
06-FEB-2025
07:48 AM
Dkt. 47 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellant,
v.
LAMARR A. JONES, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPC-XX-XXXXXXX)

ORDER
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)

Upon consideration of Defendant-Appellee Lamarr A.
Jones's (Jones) January 12, 2025 Motion to Dismiss Appeal
(Motion), the papers in support and in opposition, and the
record, it appears that Jones seeks dismissal of Plaintiff-
Appellant State of Hawaii's (State) appeal from the Circuit Court
of the First Circuit's May 15, 2024 "Findings of Fact,
Conclusions of Law, and Order Granting Defendant's Motion for
Bill of Particulars" (May 15, 2024 Order) for lack of
jurisdiction because the May 15, 2024 Order is not appealable.
The State contends the court has jurisdiction because the May 15,
2024 Order is a de facto order granting a motion to suppress,
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

appealable by the State under Hawai#i Revised Statutes (HRS)
§ 641-13(7) (2016).1
HRS § 641–13(7) grants the State the right of
interlocutory appeal from a pretrial motion to suppress in a
criminal case. State v. Kirn, 70 Haw. 206, 207, 767 P.2d 1238,
1239 (1989). A motion to suppress seeks exclusion of evidence
illegally obtained. Id. at 208, 767 P.2d at 1239. The May 15,
2024 Order does not exclude any evidence.
Therefore, IT IS HEREBY ORDERED that the Motion is
granted, and the appeal is dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai#i, February 6, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1
HRS § 641-13(7) states, in part, that the State may appeal "from
the district or circuit courts to the intermediate appellate court, subject to
chapter 602, in all criminal matters, . . . [f]rom a pretrial order granting a
motion for the suppression of evidence, including a confession or admission,
or the return of property[.]"

2