State v. Marshall

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-19-0000710 22-NOV-2021 07:47 AM Dkt. 85 OAWST NO. CAAP-19-0000710 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CLAY MARSHALL, Defendant-Appellant APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 1CPC-18-0001102) (By: ORDER APPROVING THE NOVEMBER 12, 2021 STIPULATION FOR DISMISSAL OF APPEAL Ginoza, Chief Judge, Leonard and Hiraoka, JJ.) Upon consideration of the Stipulation for Dismissal of Appeal, filed November 12, 2021, and executed by counsel for Defendant-Appellant Clay Marshall (Marshall) and the State of Hawai#i, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) Marshall seeks to dismiss the appeal; (3) the motion includes Marshall's declaration showing he understands the consequences of voluntary dismissal, consistent with Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c). NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed. DATED: Honolulu, Hawai#i, November 22, 2021. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Keith K. Hiraoka Associate Judge 2

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