State v. Detroy
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* * * NOT FO R PUBL ICATION * * * NO. 23777 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee vs. BENJAMIN JOHN DETROY, Defendant-Appellant APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 97-3169) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.) Defendant-appellant Benjamin John Detroy appeals from the judgment of the first circuit court, the Honorable Dexter Del Rosario presiding, in favor of plaintiff-appellee State of Hawai#i [hereinafter, the prosecution]. Detroy appeals from the circuit court s final judgment, filed on August 30, 2000, granting the prosecution s motion for revocation of probation and resentencing. Based on our decision in State v. Detroy, 102 Hawai#i 13, 72 P.3d 485 (2003), in which this court vacated the conviction on which the sentence of probation was based, the appeal in the instant case is moot. Therefore, * * * NOT FO R PUBL ICATION * * * IT IS HEREBY ORDERED that Detroy s appeal is dismissed as moot. DATED: Honolulu, Hawai#i, April 27, 2004. On the briefs: Rose Anne Fletcher, Deputy Public Defender, for defendant-appellant Benjamin John Detroy James M. Anderson, Deputy Prosecuting Attorney, for plaintiff-appellee State of Hawai#i 2
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