Opinion
CAAP-20-0000775
11-17-2021
STATE OF HAWAI'I, Plaintiff-Appellee, v. DESTINY M. KELLY, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CR. NO. 1CPC-17-0000093)
Katherine G. Leonard Presiding Judge, Clyde J. Wadsworth Associate Judge, Karen T. Nakasone Associate Judge.
ORDER DISMISSING APPEAL
Upon consideration of the August 5, 2021 "Motion to Vacate Second Amended Order of Resentencing Revocation of Probation, Notice of Entry, Filed on November 30, 2020 and to Dismiss All Related Criminal Proceedings" by Defendant-Appellant Destiny M. Kelly (Kelly), the papers in support, and the record, and there being no opposition, it appears Kelly has died during the pendency of her appeal and a motion for substitution of proper party defendant-appellant pursuant to Hawai'i Rules of Appellate Procedure Rule 43(a) was not filed.
Therefore, IT IS HEREBY ORDERED that, pursuant to State v. Makaila, 79 Hawai'i 40, 45, 897 P.2d 967, 972 (1995), Kelly's appeal is dismissed as moot, the underlying conviction is vacated, and all related criminal proceedings are dismissed.