NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000046

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.

FRANCIS A. GRANDINETTI, also known as ALBERT FERNANDEZ,

also known as FRANK MYERS, also known as FRANK IRANDINE,

Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CASE NO. 3PC930000141)

ORDER

DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

AND

DISMISSING ALL PENDING MOTIONS AS MOOT

(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)

Upon review of the record, it appears that we lack

jurisdiction over the appeal that Defendant-Appellant Francis A.

Grandinetti (Grandinetti) has asserted, apparently from a

decision by the Hawai#i Paroling Authority regarding the sentence

that Grandinetti is currently serving for his November 8, 1993

conviction in Circuit Court Criminal Case Number 3PC930000141 for

one count of forgery in the second degree in violation of Hawaii

Revised Statutes (HRS) § 708-852 (1993) and three counts of theft

in the second degree in violation of HRS § 708-831 (1993).

"The right of appeal in a criminal case is purely

statutory[.]" State v. Nicol, 140 Hawai#i 482, 485, 403 P.3d

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000046

20-MAY-2020

10:07 AM
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

259, 262 (2017) (citation and internal quotation marks omitted). 

In circuit court criminal cases, a defendant may appeal from a

judgment of conviction pursuant to HRS § 641-11 (2016), a

certified interlocutory order pursuant to HRS § 641-17 (1016),

"or from an interlocutory order denying a motion to dismiss based

on double jeopardy." State v. Kealaiki, 95 Hawai#i 309, 312, 22

P.3d 588, 591 (2001) (citation omitted). However, there is no

statutory authority for defendant to appeal from a decision by

the Hawai#i Paroling Authority directly to the Hawai#i

Intermediate Court of Appeals.

The statute that governs the Hawai#i Paroling

Authority's procedure for considering parole is HRS § 706-670

(2014). HRS § 706-670 does not authorize an appeal from a

Hawai#i Paroling Authority decision directly to this court. The

Supreme Court of Hawai#i and this court have acknowledged that

the appropriate means for a criminal defendant to challenge the

Hawai#i Paroling Authority's decision to deny parole is by

petitioning a circuit court for post-conviction relief in a

special proceeding pursuant to Rule 40 of the Hawai#i Rules of

Penal Procedure (HRPP). Williamson v. Hawai#i Paroling

Authority, 97 Hawai#i 183, 194-95, 35 P.3d 210, 221-22 (2001);

Turner v. Hawai#i Paroling Authority, 93 Hawai#i 298, 307, 1 P.3d

768, 777 (App. 2000). After the circuit court adjudicates the

HRPP Rule 40 petition for post-conviction relief, the criminal

defendant can appeal from the circuit court's judgment directly

to the Hawai#i Intermediate Court of Appeals pursuant to HRS

§ 641-11 and HRPP Rule 40(h). Grattafiori v. State, 79 Hawai#i

10, 13, 897 P.2d 937, 940 (1995). The record does not show that

Grandinetti has sought judicial review of the Hawai#i Paroling

Authority's decision by way of a petition to the circuit court

for post-conviction relief pursuant to HRPP Rule 40. Absent an

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

appealable judgment or order, we lack jurisdiction over this

appeal by Grandinetti.

Therefore, IT IS HEREBY ORDERED that appellate court

case number CAAP-20-0000046 is dismissed for lack of appellate

jurisdiction.

IT IS FURTHER HEREBY ORDERED that all pending motions

in appellate court case number CAAP-20-0000046 are dismissed as

moot.

DATED: Honolulu, Hawai#i, May 20, 2020.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Katherine G. Leonard

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

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