State v. Spies

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-NOV-2023
08:04 AM
Dkt. 26 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
JONATHAN P. SPIES, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.)
Upon review of the record, it appears that self-

represented Defendant-Appellant Jonathan P. Spies (Spies) appeals

from the March 28, 2023 "Order Denying (1) Defendant's Notice of

Protest, Opposition of the Taking of Personal and Subject Matter

Jurisdiction; (2) Defense Counsel Motion to Withdraw for Limited

Purposes of Motion Filed March 6, 2023 [Dkt. 186]" (March 28,

2023 Order). We conclude that the court lacks jurisdiction over

the appeal because the March 28, 2023 Order is not an order or

judgment that finally determines, and thus ends, all proceedings

leaving nothing further to be accomplished, Hawaii Revised

Statutes (HRS) § 641-11 (2016), State v. Nicol, 140 Hawai i 482,

492, 403 P.3d 259, 269 (2017), it has not been certified for

interlocutory appeal, see HRS § 641–17 (2016), and it is not an
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

appealable collateral order. State v. Baranco, 77 Hawai i 351,

355, 884 P.2d 729, 7331–32 (1994) (citation omitted).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.1

IT IS FURTHER ORDERED that all pending motions are

dismissed as moot.

DATED: Honolulu, Hawai i, November 24, 2023.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1
This order does not affect Spies's separate appeal in CAAP-XX-XXXXXXX
from the June 9, 2023 Judgment of Conviction and Sentence entered in the
underlying case.

2