State v. Hernandez
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NO. 25772 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. BOBBY HERNANDEZ, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (HPD CR. NO. 03097779) (By: ORDER GRANTING APPELLATE COUNSEL S MOTION TO DISMISS APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of appellate counsel s motion to dismiss the appeal of Defendant-Appellant Bobby Hernandez, the papers in support, and the records and files herein, it appears that: (1) Appellant was convicted and sentenced for the offense of harassment, and on April 16, 2003, the public defender s office filed a notice of appeal on behalf of Appellant; (2) Appellant was informed that he must remain in contact with his attorney; (3) appellate counsel has been unable to locate Appellant; (4) letters sent to Appellant s last known address were returned with notations that the mail was undeliverable and that Appellant had moved and left no address; (5) when appellate counsel called Appellant at his last known telephone numbers, he was informed that the numbers were not in service; and (6) Appellant has abandoned his appeal. Therefore, Appellate counsel s motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(C). DATED: Honolulu, Hawai#i, August 27, 2003. Edward K. Harada, Deputy Public Defender, for defendant-appellant on the motion 2
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