Opinion
25076
October 30, 2003.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (Cr. No. 01-1-1213)
Brian A. Costa on the motion.
ORDER OF DISMISSAL
Upon consideration of the "Motion for an Order Dismissing the Appeal as Moot, Vacating the Original Judgment of Conviction, and Dismissing All Related Criminal Proceedings Against [Defendant-Appellant] Scott A. Bailey [(Mr. Bailey)]" filed on October 28, 2003 by counsel for Mr. Bailey, the papers in support, and the records and files herein, it appears that Mr. Bailey died on April 19, 2003 and his mother and personal representative, Marlias Bailey, does not wish to pursue this appeal. Therefore,
IT IS HEREBY ORDERED that, pursuant to State v. Makaila, 79 Haw. 40, 45, 897 P.2d 967, 972 (1995), this appeal is dismissed as moot, the underlying judgment of conviction is vacated, and all related criminal proceedings are dismissed.