State v. Gushiken
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NO. 23134 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. DALE ROY GUSHIKEN, Defendant-Appellant APPEAL FROM THE SECOND CIRCUIT COURT (CR. NO. 98-0698(1)) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama and Acoba, JJ. and Circuit Judge Nakatani, in place of Ramil, J., recused) Upon review of the record, it appears that: (1) Defendant-Appellant Dale Roy Gushiken filed a notice of appeal on February 1, 2000; (2) Appellant passed away during the pendency of the appeal; (3) pursuant to State v. Makaila, 79 Hawai#i 40, 897 P.2d 967 (1995), if a criminal appellant dies during the pendency of a direct appeal, the criminal appellant s personal representative or the State may file for substitution of partydefendant to litigate the appeal; and (4) no substitution of party has been filed. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed. DATED: Honolulu, Hawai#i, September 29, 2000.
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